### Technical Support Document March 2010 Regulations to Control Volatile Orga nic Compound Emissions from VOC Storage Tanks, Transport Vessels and Marine V essels in the Houston/Galveston/Brazoria (HGB) 1997 8-Hour Ozone Nonattainment Area Background Under the Clean Air Act (CAA) EPA promulgated, on July 18, 1997, an 8-hour ozone standard of 0.08 parts permillion (ppm), which is more protective than the previous 1- hour ozone standard (62 FR 38855). On Ap ril 30, 2004, EPA published designations and classifications for the 1997 8-hour ozone standard (69 FR 23858). The HGB area, which consists of Brazoria, Chambers, Fo rt Bend, Galveston, Harris, Liberty, Montgomery and Waller counties was classified as a moderate ozone nonattainment area, with an attainment date no later than June 15, 2010. On October 1, 2008, at the request of the Governor of Texas, we reclassified the area as a severe ozone nonattainment area with an attainment dat e no later than June 15, 2019 (73 FR 56983). Volatile organic compounds (VOC) and oxides of nitrogen (NOx) are known as “ozone precursors”, as they react with oxygen and sunlight to form ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors and chemical so lvents emit NOx and VOCs. Controlling sources of NOx and VOC em issions can lower ozone levels in the ambient air. Sections 172(c)(1) and 182 of the Clean Air Act require ozone nonattainment areas that are classified as moderate or above for ozone nonattainment to adopt Reasonably Available Control Technology (RACT) require ments for sources that are subject to Control Techniques Guidelines (CTGs) i ssued by EPA and for “major sources” of volatile organic compounds (VOCs) and nitrogen oxides (NOx). RACT is defined as the lowest emissions limitation that a particular source is capable of meeting by the application of control technologythat is reasonably availabl e considering technological and economic feasibility (44 FR 53762; September 17, 1979). EPA previously approved the Texas VOC regulations as m eeting RACT requirements for Storage of VOCs (30 TAC 115, Subchapter B, Division 1) and Degassing or Cleaning of Stationary, Marine and Transport Vessels (30 TAC 115, S ubchapter F, Division 3), (February 27, 2008 Federal Register, 73 FR 10383). The Texas Commission on Environmental Qua lity (TCEQ) reported that studies with their research partners found that certain types of VO C storage tank emissions, including degassing, flash, and floating roof landing loss emissions, have been unreported or underreported in the HGB area (June 8, 2007 Texas Register, 32 TexReg 3178). Degassing emissions occur when gas or vapor is removed from a storage tank. Flash gas emissions are VOC emissions to the atmosphere from depressurization of crude oil or condensate when it is transferr ed from a higher pressure to a lower pressure tank, reservoir, or other container . Floating roof landing loss emissions occur

### when the liquid level in a float ing roof tank is lowered a nd the roof rests (lands) on the legs, or supports, rather than on the liquid, se verely limiting the control efficiency of the floating roof. These emissions could total several thousand tons per year. It was estimated that unreported or underreported float ing roof landing loss emissions alone in the HGB area totaled approximately 7,250 tons in 2003. As a result, the State revised its VOC control regulations to help reduce emi ssions from these sources in the HGB area. The State of Texas adopted the revision to the SIP on Ma y 23, 2007 and submitted it to EPA on June 13, 2007. Two public hearings for the proposed revi sion were held on January 29, 2007 in Houston. The State also received comm ents from EPA and others. EPA’s comment letter of February 12, 2007 was supportive ofthe proposed changes. Comments from EPA and others and the State’s response to t he comments can be found in the State submittal to EPA. The State submittal c an be found in the electronic docket (Docket number EPA-R06-OAR-2007-0526). Requirements to Control VOC Emissions The revision adds additional requirements to control VOC emission s from VOC storage tanks, transport vessels and marine vessels in the HGB area. These tanks and vessels store volatile organic liquids at petroleum refineries, chemical plants, gasoline storage terminals, bulk terminals, pipel ine breakout stations, and oil and natural gas production sites. The revision amended Chapter 115 of Ti tle 30 of the Texas Administrative Code (30 TAC 115), Subchapter B Division 1 (S torage of Volatile Organic Compounds) and Subchapter F Division 3 (Degassing or Clean ing of Stationary, Marine and Transport Vessels) by adding a new section 115.110 and revising sections 115.112-115.117, 115.119, 115.541-115 .547 and 115.549. Specifically the revision: • Requires more stringent contro ls for tank fittings on floating roof tanks to prevent the direct contact of stored VOCs with ambient air; • Limits the circumstances under which floating roof tank landings are allowed to times when the landing is necessary in order to ca rry out inspections or maintenance or to support a change in service to a liquid that is incompatible with t he previously stored liquid. Convenience landings would not be allo wed unless vapors are routed to a control device during the landing, are authorized under an emission limit or cap in a permit issued under 30 TAC Chapter116, or fall within a 25 tpy exemption level. • Requires routing of VOC flash emissions to a vapor recovery system or control device for crude oil and condensate storage tanks at oil and gas exploration and production sites and pipeline breakout st ations with uncontrolled flas h emissions gr eater than 25 tons per year; • Requires use of a vapor control system to control VOC emission s from the degassing of storage tanks with a nominal capacity of 250,000 gallons ormore, or with a nominal

### capacity of 75,000 gallons or more storing liquids with a true vaporpressure greater than 2.6 pounds per square inch absolute (psia); • Require degassing vapors from stor age vessels, transport vessels, and marine vessels in the HGB area to be vented to a c ontrol device until the VOC concentration of the vapors is reduced to le ss than 34,000 parts per million by volume as methane; • Require VOC monitoring during the degassing process using an appropriate monitoring device; and • Require additional recordkeeping to validate compliance. The revision also provides options for estimating uncontrolled flash emissions. Table 1 is a summary of the revision by section. Table 1. Summary of Revision to 30 TAC 115 Subchapter B, Division 1, Storag e of Volatile Organic Compounds Section Revised Revision Reason Revision is Approvable

115.110 Definitions Definitions added for Deck cover, Flexible enclosure system, Incompatible liquid, Internal sleeve emission control system, Pipeline breakout station, Pole float, Pole sleeve, Pole wiper, Slotted guidepole and Tank battery. The revision helps define the requirements.

115.112 Control Requirements Provides additional requirements for tank fittings on floating roof tanks and restrictions on tank landings (115.112(d)(2)). The additional requirements for floating tank roof fittings are as follows: • Openings in an internal floating cover or external floating roof must provide a projection below the liquid surface, except for automatic bleeder vents and rim space vents (115.112(d)(2)(A)). • Automatic bleeder vents and rim space vents must be closed except when required to be open to relieve excess pressure or vacuum (115.112(d)(2)(B)). • Roof drains that empty into stored liquids, (except for stub drains on internal floating roof tanks), must have a slotted The requirements will help prevent VOC emissions from storage tanks by preventing the direct contact of the stored liquid with ambient air.

### membrane fabric cover that covers at least 90% of the area of the opening or an equivalent control that must be kept in a closed (i.e., no gap of more than 1/8 inch) position at all times except when the drain is in actual use (115.112(d)(2)(D)). • Visible holes, tears, or other openings in any seal or seal fabric are prohibited (115.112(d)(2)(E)). Secondary seals for external floating roof storage tanks must be the rim-mounted type and the accumulated area of gaps that exceed 1/8 inch (0 .32 centimeter) in width between the secondary seal and tank wall must be no greater than 1.0 square inch per foot of tank diameter(115.112(d)(2)(F)). • Opening for a slotted guidepole in an external floating roof tank must be equipped with one of the following control device configurations: (i) A pole wiper and a pole float. The wiper or seal of the pole float must be at or above the height of the pole wiper (ii) A pole wiper and a pole sleeve (iii) An internal sleeve emission control system (iv) Retrofit to a solid guidepole system (v) A flexible enclosure system (vi) A cover on an external floating roof tank . (115.112(d)(2)(G)). Floating roof tank landings are limited to times when the landing is necessary in order to carry out inspections or maintenance or to support a change in service to a liquid that is incompatible with the As landings severely limit the control efficiency of floating roofs, limiting landings will reduce VOC emissions.

Controlling these emissions will reduce VOC emissions.

### previously stored liquid. Convenience landings would not be allowed unless vapors are routed to a control device during the landing, are authorized under an emission limit or cap in a permit issued under 30 TAC Chapter 116, or fall within a 25 tpy exemption (155.122(d)(2)(H)). Provides controls on flash emissions from tanks at upstream oil or gas production sites or midstream pipeline breakout station if the potential for VOC emissions would be greater than 25 tpy (115.112(d)(4) and (5)). Flash emissions from these tanks are controlled by routing flashed gases to a vapor recovery system or control device. 115.113 Alternate Control Requirements Adds the phrase “(relating to Storage of Volatile Organic Compounds)”. Minor editorial change.

115.114 Inspection Requirements Adds references to 30 TAC 115.112(d)(2)(E) and (F) and makes some minor editorial changes. Updates the section to reference the new section being adopted.

115.115 Approved Test Methods Monitoring for determining flash emissions if the owner or operator chooses to demonstrate compliance with the 25 tpy limit by direct measurement (115.115(c)). Assists with implementation.

115.116 Monitoring and Recordkeeping Requirements Recordkeeping to document exemptions. Assists with implementation.

115.117 Exemptions Removal of exemption for the storage of crude oil and condensate prior to custody transfer in tanks with capacity less than 210,000 gallons in the HGB area from the control requirements of Subchapter B, Division 1 (115.117(a)(2)). Removing exemption allows for more VOC emission reductions.

### 115.119 Counties and Compliance Schedules Sets a compliance date of January 1, 2009, unless compliance with the new requirements would necessitate emptying and degassing the tank. Then compliance would not be required until the next time the tank is emptied or degassed but not later than January 1, 2017 (115.119(c)). Provides adequate time for implementing the revised requirements.

Subchapter F, Division 3, Degassing orCleaning of Stationary, Marine and Transport Vessels Section Revised Revision Reason Revision is Approvable

115.541 Emission Specifications Revises degassing control requirements to storage tanks in the HGB area with a nominal capacity of 75,000 gallons or greater storing materials with a true vapor pressure greater than 2.6 psia or to storage tanks with a nominal capacity of 250,000 gallons or more storing material with a true vapor pressure of 0.5 psia or greater. Previously degassing controls applied only to storage tanks with a nominal capacity of one mill ion gallons or more. Lowering the threshold for storage tanks that are subject to VOC emission control means that additional tanks will be required to control VOC emissions. These storage tanks are those in the HGB area storage tanks with a nominal capacity of less than one million gallons, but more than 75,000 gallons. The revision now requires venting of vapors to a control device when these storage tanks are degassed. Providing control requirements for additional storage tanks will allow for more VOC emission reductions. 115.542 Control Requirements Revises criteria for control of degassing vapors from storage tanks, transport vessels and marine vessels in the HGB area. Vapors are required be vented to a control device until the VOC concentration of the vapors is reduced to less than 34,000 ppm by volume (ppmv) as methane or to less than 50% of the lower explosive limit (LEL). Previous requirements specified the 34,000 ppmv concentration (or 20% of the LEL for marine vessels) as criteria for determining when Removing the option to vent after a turnover of four vapor space volumes has occurred will help to ensure that VOC concentrations are low and could lead to additional VOC emission reductions.

### vapors can be vented to the atmosphere but also allow venting after a turnover of four vapor space volumes has occurred. The revision removes the option to vent to atmosphere after a turnover of four vapor space volumes has occurred. Concentrations must be rechecked periodically while the tank is vented to the atmosphere to ensure that it remains below 34,000 ppmv or 50% LEL. If ventilation is continuous, the concentration must be measured at least once every 12 hours. If ventilation ceases for more than four hours, the c oncentration must be rechecked before the tank is reopened. The VOC concentration equivalent to 50% LEL is less than 34,000 ppmv. Additionally, concentration measurements are no longer required after five consecutive readings less than 34,000 ppmv or less than 50% LEL have been obtained 115.543 Alternate Control Requirements Changed “Houston/Galveston” to “Houston/Galveston/Brazoria”. Minor change. Under 30 TAC 115.10 (19) “Houston/Galveston” or “Houston/Galveston/Brazoria” are both defined as Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. 115.544 Inspection Requirements Changed “Houston/Galveston” to “Houston/Galveston/Brazoria”. Minor change.

115.545 Approved Test Methods Adds requirements for measuring VOC concentration of the storage vessels, transport vessels, or marine vessels to determine when the vapors can be vented to the atmosphere instead of to a control device. Measurements should be made at the head space of the The additional requirements will help to ensure that VOC concentrations are low before venting to the ambient air.

### vessel, as close as possible to the tank bottom to ensure that the concentration measurement is representative of actual conditions, but the measurements should be made at a safe location. 115.546 Monitoring and Recordkeeping Requirements Additional records are to be kept to document that degassing vapors are routed to a control device until they r each the criteria to be released to the atmosphere. Requiring additional records will assist with implementation by providing documentation that VOC emissions are sufficiently controlled. This will help validate compliance. 115.547 Exemptions Exemptions were revised so that storage tanks in the HGB area with a nominal capacity of less than one million gallons but greater than or equal to 250,000 gallons or with a nominal capacity of greater than or equal to 75,000 gallons storing material with vapor pressure greater than 2.6 psia are no longer exempt from the requirements to control degassing emissions. Providing control requirements for additional storage tanks will allow for more VOC emission reductions.

115.549 Counties and Compliance Schedules January 1, 2009 is set as the compliance date for the revision. Allows time for compliance. Date has already passed.

For more information on the requirements please see the appendices or 30 TAC 115, Subchapter B, Division 1 (Storage of Vo latile Organic Compounds) and Subchapter F, Division 3 (Degassing or Cleani ng of Stationary, Marine and Transport Vessels). Appendix 1 is excerpted from the June 8, 2007 Texas Regist er. The Texas Register can be accessed through the internet at http:// texinfo.library.unt.edu/texasregister/ . The Texas Administrative Code rules c an be accessed through the internet at: www.tceq.state.tx.us/rules/indxpdf.html . Evaluation of Revision EPA has evaluated the Chapter 115 revision and finds they enhance the SIP by reducing emissions from VOC storage tanks, transport vessels and marine vessels in Brazoria, Chambers, Fort Bend, Galvest on, Harris, Liberty, Montgomery and Waller counties by requiring additional controls on VOC emissions from these sources as discussed above. These reduced emissions will help lower ozone levels in the HGB area. The rulemaking subjects owners or operators of VOC st orage tanks, transport

### vessels, and marine vessels located in the HGB 1997 8-hour ozone nonattainment area to more stringent control, monitori ng, and recordkeeping requirements. As shown in the table 1, these revisions improve TCEQs rules. These rules were previously approved by EPA as meeting the Act’s RACT requi rements most recently in 2008. With these improvements, the rules will continue to in sure the Act’s requirements are met. Under CAA section 110(l) EPA may not approve a SIP revision if the revision would interfere with any applicable requirem ent concerning attainment or any other applicable requirement of the CAA. EPA approval of the revision will not interfere with any applicable requirement concerning attain ment or any other applicable requirement of the CAA including RACT requirements. Recommendation It is recommended that the revision to the Texas SIP be approved because the revisions improve the rules that were prev iously approved resulting in additional VOC reductions and insuring that RACT is still met for these source categories.

### Appendices Appendix 1 – Excerpt from the June 8, 2007 Texas Register (32 TexReg 3178) Appendix 2 – Title 30 of the Texas Admini strative Code (30 TA C 115), Subchapter B Division 1 (Storage of Volatile Organic Compounds) Appendix 3 – Title 30 of the Texas Administ rative Code Subchapt er F (Miscellaneous Industrial Sources)

### Appendix 1 – Excerpt from the June 8, 2007 Texas Register (32 TexReg 3178) Chapter 115. CONTROL OF AIR PO LLUTION FROM VOLATILE ORGANIC COMPOUNDS The Texas Commission on Environmental Quality (TCEQ or commission) adopts new §115.110 and amendments to §§115.112 - 115.117, 115.119, 115.541 - 115.547, and 115.549. New §115.110 and amendm ents to §§115.112, 115. 115 - 115.117, 115.119, and 115.541 - 115.547 are adopted wit h changes to the proposed text as published in the December 29, 2006, issue of the Texa s Register (31 TexR eg 10525). Amendments to §§115.113, 115.114, and 115.549 are adopt ed without changes and will not be republished.

The amendments will be submitted to the Un ited States Environmental Protection Agency (EPA) as a revision to the state implementation plan (SIP).

BACKGROUND AND SUMMARY OF THE FA CTUAL BASIS FOR THE ADOPTED RULES

On June 15, 2004, the Houston-Galveston- Brazoria (HGB) ozone nonattainment area was classified as a moderate nonattainment area under the eight-hournational ambient air quality standard (NAAQS) und er the Federal Clean Air Act (FCAA) Amendments of 1990 (42 United States Code (USC), §§7401 et seq.). For the HGB area, defined by Brazoria, Chambers, Fort Bend, Galvest on, Harris, Liberty, Montgomery, and Waller Counties, the TCEQ has developed this ei ght-hour ozone SIP revision in accordance with 42 USC, §7410. Hence, this rulemaking and HGB SIP revision is part of the first step in addressing the eight-hourozone standard for the area.

The one-hour ozone NAAQS, which preceded the eight-hour oz one standard, was revoked June 15, 2005 (69 FR 23951). However, the one-hour ozone control strategies in the HGB area will remain in place. This se t of strategies will continue to reduce the amount of ozone precursors and ozone in the HGB airshed. On September 6, 2006 (71 FR 52656), EPA published approval of the HGB nonattainment area's one-hour ozone attainment demonstration and associated ru les. The approval was published in six parts, covering the rules for t he control of highly-reactive volatile organic compounds (HRVOC), the HRVOC emission cap and tr ade (HECT) program, the mass emission cap and trade (MECT) program for nitrogen oxides (NOx), the one-hour ozone attainment plan, the emissions credit banking and trading program , and the discrete emission credit banking and trading program. Fo r a more complete background on the one-hour ozone SIP revisions please refer to Chapter 1 of the eight-hour SIP revision that has been submitted for adoption concurrent with this rule package (Project Number 2006-027-SIP-NR).

### The rulemaking subjects owners or operat ors of volatile organic compound (VOC) storage tanks, transport vessels, and marine vessels located in the HGB eight-hour ozone nonattainment area to mo re stringent control, moni toring, recordkeeping, and reporting requirements. The revised requi rements have been developed to reduce VOC emissions that have previously been underr eported in emissions inventories (EI).

The first Texas Air Quality Study (TexAQS 2000) measured ambient VOC concentrations in the Houston Ship Cha nnel to be in greater proportions to NOx emissions than what would be expected based on the reported point source emissions inventories. Therefore, when TCEQ and it s research partners began TexAQS II in May 2005, one of the study's primary goals was to identify VOC emission sources that have been historically unreported or underreported in the EI and could potentially be contributing to the discr epancy between measured ambient concentrations and reported point source emissions.

TexAQS II remote sensing VOC project results indicate that certain types of storage tank emissions, including degassing, flash, and floating roof landing loss emissions, generally have been unreported in the EI. Rec ent data analysis, a floating roof landing loss emissions survey, and other TCEQ st udies indicate t hat these unreported emissions could total several thousand tons per year (tpy); unreported or underreported floating roof landing loss emissions alone in the HGB area total ed approximately 7,250 tons in 2003. The rulemaking will help reduce emissions from these sources as well as other sources of potentially unreported tank emissions, su ch as slotted guidepoles and other tank fittings.

SECTION BY SECTION DISCUSSION

Grammatical, style, and other non-substant ive corrections are made throughout the rulemaking to be consistent with Texas Regi ster requirements, to improve readability, and to conform to the dra fting standards in the Texas Legislative Drafting Manual, August 2006. Such changes include appropriate and consistent use of acronyms, section references, and certain terminology such as "that" and "which" and "shall" and "must." These changes ar e not discussed further.

Subchapter B, General Vola tile Organic Compound Sources

Division 1, Storage of Vo latile Organic Compounds

### Adopted §115.110 adds ten defin itions used in regulatory text. Adopted §115.110(3) defines Incompatible liquid as the term is used in §115.112(d)(2)(H)( ii). The definition is intended to allow tank landings when necessaryfor change of service to a material that would be contaminated by the previously stored material. For example, a change in service to gasoline with a lower Reid vapor pressure (RVP) that must be performed to comply with applicable fuel requirements is considered an incompatible liquid. The definition has been revised in response to comm ents to specify that different chemical mixtures and different grades of liquid materi al would also be cons idered incompatible liquids if the liquid being introduced into the tank would be made unusable for its intended purpose due to contamination from the previously stored liquid. Adopted §115.110(10) defines Tank battery as the term is used in §115.112(d)(4) and (d)(5). In response to comments, the definition has been modified to clarify that a collection of tanks at a pipeline breakout st ation, petroleum refinery, or petrochemical plant is not considered to be a tank battery. In res ponse to comments, definitions have been added for the terms deck cover, pole float, pole sleeve, pole wiper, sl otted guidepole, internal sleeve emission control system , and flexible enclosure syst em. These definitions have been added to clarify additional options for c ontrolling emissions from slotted guidepoles that have been incorporated into §115.112(d )(2)(G). The commission has also added a definition for pipeline breakout station because the term is used in clarifying the applicability of requirements fo r control of flash emission s in §115.112(d)(4) and (5).

Adopted changes to §115.112 amend §115.112(a) to specify that the existing requirements apply to the HGB area until Ja nuary 1, 2009. Adopted changes also add subsection (d) to specify additional requirem ents for storage vessels in the HGB area that will take effect on January 1, 2009. In response to comment, the phrase "beginning January 1, 2009," has been added to clarify when the new r equirements take effect. Adopted §115.112(d)(1) specifies the tank si ze and vapor pressure criteria that determine control requirements for tanks. T hese are the same criteria and control requirements that are now effective in t he HGB area. These r equirements are being moved to subsection (d) to be at the same location as new provisions that will apply to tanks in the HGB area.

Adopted §115.112(d)(2) changes the control require ments for tank fitti ngs. In response to comments, rule language has been changed to be more consistent with language in the EPA regulations in 40 CFR Part 63, Su bpart WW, National Em ission Standards for Storage Vessels (Tanks) Control Level 2.

The proposed requirement in §115.112(d)(2)(A) t hat all openings in an internal or external floating roof except for automaticbleeder vents, rim space vents, and roof drains must provide a projection below t he liquid surface and be equipped with a cover, seal, or lid has been modified. The require ments for all openings except automatic bleeder vents (vacuum breakervents) and rim space vents to provide a projection

### below the liquid surface is separate from the requirement fo r all openings except automatic bleeder vents (vacuum breaker vents), rim space v ents, leg sleeves, and roof drains to be equipped with a cover. The proposed wording would have incorrectly required the use of covers on fixed roof support columns. The proposed wording that the cover, seal, or lid must be equipped with a working gasket and kept in a closed position (with no visible gaps) at all times e xcept when the opening is in actual use has been revised in response to comments to s pecify that required deck covers must be closed (with no gap of more than 1/8 inch) at all time, except when they must be opened for access.

Adopted §115.112(d)(2)(B) specifies that automatic bleeder vents (also known as vacuum breaker vents) and rim space v ents must be equipped with a gasketed lid, pallet, flapper, or other closure device and mu st be closed at all times except when required to be open to relieve excess pressu re or vacuum, in accordance with the manufacturer's design. The current rule r equires only that the automatic bleeder vents and rim space vents be closed. In response to comments, the language has been changed to allow use of a gasketed lid, pallet, flapper, or other closure device instead of a working gasket. Also in response to comments, language allowing automatic bleeder vents to open in accordance with the manufacturer's design has been added. For convenience, the requirements for automatic bleeder vent s and rim space vents have been combined in §115.112(d)(2)(B).

Section 115.112(d)(2)(C) has been revised in response to comments to allow openings for fixed roof support columns to be equipped with flexible fabric sleeve seals instead of deck covers. Adopted §115.112(d)(2)(D) requires t hat any roof drain that empties into the stored liquid must be equipp ed with a slotted membrane f abric cover or equivalent control. The current rule s pecifies the use of the slott ed membrane fabric cover; the adopted rule allows the use of other controls . EPA regulations allow controls other than slotted membrane fabric covers. Other cont rols can provide equivalent or superior emission reduction performance. Examples in clude weighted ball or ball in cage type controls. The adopted rule also specifies th at the requirement does not apply to stub drains on internal floating roof tanks. Stub drains are found on internal floating roof tanks that have bolted decks. T heir purpose is to allow stored liquid that collects on the roof to drain back into the tank. Covers or other controls on these stub drains would provide minimal, if any, reduction in VOC emissions. In response to comments, the phrase "no visible gap" has been changed to "no gap of more than 1/8 inch."

Adopted §115.112(d)(2)(E) states t hat there must be no visibl e holes, tear s, or other openings in any seal or seal fabric. A dopted §115.112(d)(2)(F) stat es that secondary seals on external floating roof tanks mu st be rim-mounted and specifies a maximum allowable area of gaps between the secondary seal and the tank wall. In response to comments, the phrase "with the exception of gaps that do not exceed the following specification" has been added to clarify t hat a limited gap ar ea is allowed.

### Adopted §115.112(d)(2)(G) requires each slott ed guidepole well to be controlled. The quantities of emissions reduced would depend on various factor s including the tank size and material stored. As an example, a 100-foot diameter external floating roof tank with 4,000,000-gallon capacity that stores gasoline with an RVP of 9 pounds per square inch absolute (psia) and has 25 turnovers per year with an uncontrolled slotted guidepole would emit 11.85 tpy VOC from the guidepole alone and 14 tpy total VOC from the tank. The same tank with a controlled slotted guidepole would have 4. 5 tpy VOC from the guidepole alone and 6.6 tons tpy total VOC emissions. For this case, controlling the slotted guidepole would result in a 62% dec rease in annual VOC emissions from the guidepole and a 53% decrease in total annual tank VOC emissions. In response to comments, the wording has been changed to allow additional control options for slotted guidepoles consistent with t he EPA regulations for tanks in 40 CFR Part 63, Subpart WW, and the Storage Tank Emissions Reduction Partnership Program (STERPP). These additional controls include a pole wi per and a pole float, a pole wiper and a pole sleeve, an internal sleeve emission control system, retrofit to a solid guidepole system, a flexible enclosure system, and a cover overthe external floating roof. Emission calculations using the EPA TA NKS program indicate that emissions from a slotted guidepole in a tank storing gasoline with an RVP of 10 psia could be reduced from 13.5 tpy down to 0.2 tpy by installing a co ver over the roof . The language in §115.112(d)(2)(G) has also been revised to qualify that the controls for slotted guidepoles are only required for external fl oating roof tanks. Based on the emission calculations, emissions from sl otted guidepoles in internal floating roof tanks or domed external floating roof tanks would be equivalent to emissi ons expected by installing slotted guidepole controls on exte rnal floating roof tanks.

Adopted §115.112(d)(2)(H) specifie s that a floating roof mu st be kept floating on the liquid surface at all times except when it mu st be supported by leg s upports during initial fill and other limited circumstances. Instances when the roof is supported by its legs are referred to as "landings." Adopted §115.112(d)(2)(H) limits the circumstances under which tank landings are allowed to times w hen the landing is necessary either to carry out inspections or maintenance, or to support a change in service to a liquid that is incompatible with the previ ously stored liquid. Change in service to gasoline with a lower RVP that must be performed to co mply with applicable fuel requirements is considered a change to a liquid that is incompatible with the previously stored liquid and would be allowed. Different c hemical mixtures and different grades of liquid material would also be considered incompatible liquids if the liquid being introduced into the tank would be made unusable for its intended pur pose due to contamination from the previously stored liquid. Tank landings for th e purposes of inventory control (also known as convenience landings) would not be allow ed unless vapors are routed to a control device during the time that the roof is landed, or landing emissions are within an emissions limit or cap established under a 30 TAC Chapter 116 permit. Convenience landings would also be allowed if sitewi de landing emissions ar e less than 25 tpy. Emissions from tank landings are higher than thos e that would occur while the roof is

### floating and have generally not been included in EI. A recent survey by the Air Quality Division's Industrial Emissions Assessment Section indicates that an additional 7,250 tons from tank landings should have been reported in 2003. The adopted rule helps to reduce these previously unreported emission s. Storage tanks with a capacity less than 25,000 gallons and those storing material with a vapor pressure le ss than 1.5 psia are not subject to the control requirements because such tan ks are not required to be equipped with floating roofs. As an alte rnative to the adopted requirements of §115.112(d)(2)(H)(i) - (iv), §115. 112(d)(2)(H)(v) provides a compliance option where a floating roof storage tank emi ssions limit or cap could be established in permits issued under 30 TAC Chapter 116 to control floating roof tank landing emissions along with standing and working loss emi ssions from the tank. The commission has recently established enforceable storage tank emission caps with several independent, for-hire petroleum and bulk liquid terminals in t he HGB region and will a llow operation under these caps to demonstrate compliance with t he rules for reducing emissions from tank landings. The emission limits or caps enable these terminals to reduce landing emissions through a combination of measur es, including operational roof landing restrictions where feasible, lowering of leg position to minimize vapor space, restricting landed tank refill rates, degassing with controls following landings, and new and emerging control techniques. In response to comments, the proposed restriction specifying the cap could not include any incr ease in emissions due to tank landings that would otherwise be prohibited under §115.112(d)(2)(H)(i) - (i v) has been deleted. Also in response to comments, §115.112(d)(2)(H)(v i) has been added to allow facilities with sitewide landing emissions less than 25 tpy to be exempt from the re strictions on tank landings. The meaning of "initial fill" in §115.112(d)(2)(H) has been clarified in response to comments to indicate that refilling a tank that has been emptied, degassed, and cleaned according to the provisions of C hapter 115, Subchapter F, Division 3, is allowed. The word "required" has been deleted from §115.112( d)(2)(H)(i) in response to comments to clarify that l andings are allowed for maintenance performed according to company or site maintenance plans and not justin response to regulatory requirements. The wording in §115.112(d)(2)(H)(ii) has been revised in response to comments to use the term "incompatible liquid" in § 115.110. Also in response to comments, §115.112(d)(2)(H)(iv) has been changed to require control of VOC emissions until the roof is within 10% by volume of being refloat ed, instead of until the roof is completely refloated. Commenters expressed concern t hat requiring control until the roof was completely refloated could result in liquids being drawn into the control device and causing damage.

Adopted §115.112(d)(3) specifies that vapor recovery system s used as a control device must maintain a minimum control efficiency of90%. This is the same requirement that currently applies.

Adopted §115.112(d)(4) specifie s that flash emissions fr om condensate storage tanks must be controlled if condensate throughput for an individual tank or the collection of tanks in a tank battery prior to custody transfer is greater than 1,500 barrels (63,000

### gallons) per year, unless the owner or operat or demonstrates that the emissions from the individual tank or the co llection of tanks in the tank battery are less than 25 tpy. Adopted §115.112(d)(5) specifie s that flash emissions from crude oil or condensate storage tanks must be controll ed if uncontrolled VOC emissions from an individual tank at an upstream oil or gas production site or a midstream pipeline br eakout station, or collectively from a tank battery at an ups tream oil or gas production site, would be greater than 25 tpy. This lim it was proposed as §115.112(d)(4 ). The throughput limit for condensate was added to the adopted rule as §115.112(d)(4) for ease of enforcement. Using default emission factors described late r in this preamble, a throughput of 1,500 barrels per year of condensate would be ex pected to have 25 tpy of VOC emissions. If an owner or operator can demons trate that a condensate tankwith throughput greater than 1,500 barrels per year would have emissi ons less than 25 tpy, the tank would not be subject to the flash emission controls, as allowed under th e new exemption in §115.117(a)(9). Crude oil and condens ate typically contain dissolved gases that flash as the pressure on the liquid is reduced. For ex ample, flashing occurs when the liquids are routed from a separator or other pressurized vessel to an atmospheric storage tank. The flashed gases may contain VOC in ad dition to methane and ethane, and may also entrain VOC from the stored liquid. In many cases, these gases can be economically routed to a vapor recovery device so that the energy content can be recovered for use at the production site or the gas can be co mpressed and routed to the sales line. If the volume of gas is sufficient, the capital cost for these vapor recovery devices can be repaid in a short time because of the high ec onomic value of the recovered gas. The 25 tpy threshold for control was chosen because it defines the major source level for severe nonattainment areas. The HGB ar ea was classified as severe under the onehour ozone standard before t he one-hour standard was repl aced with the eight-hour standard. The adopted 25 tpy threshold also represents the maximum emission rate that a site would be authoriz ed to operate under a permit by rule (PBR). The 25 tpy threshold applies to an individual tank or to an aggregation of tanks in a tank battery at an oil and gas exploration and production site . Because flash emissions could occur from any of the connected tan ks, the adopted rule requires that the total emissions from all connected tanks be considered in determini ng whether the 25 tpy threshold is met. In response to comments, the commission ha s specified that t he requirements for controlling flash emissions apply only to t anks and tank batteries storing crude oil and condensate prior to custody transfer at explor ation and production sites and to individual tanks at midstream pipeline breakout stat ions. Crude oil and condensate stored at downstream sites such as pipeline terminals, refineries, or petrochemical plants may be a source of flash emissions, but in respons e to comments, the commission has decided not to subject these downstream sites to the new rule at this time because the test data and test methods in support of the rule were designed to be used at oil and gas production sites. The commission will continue to evaluate the extent of flash emissions at downstream sites and may regulate such emissions in the future. The adopted rule gives several options for estimating the uncontrolled flash emissions. The methods are based on estimating an emission factor in te rms of pounds of VO C emitted per barrel (lb/bbl) of crude oil or condensate produced . Railroad Commission regulations in 16 TAC §3.58(b) require producers to file a mont hly report of the amou nt of oil, casing head gas, natural gas, and condensate produc ed during the mont h. Owners or

### operators can use these production records fo r the previous 12 months (rolling) along with the emission factor to estimate the to tal VOC emissions. The emission factor can be determined by direct measur ement of the gas over a 24-hour period. Gas volume can be measured by manifolding all of the tanks together and using a device such as a mass flow meter or positive displacement meter. A sample of the gas can be analyzed using Gas Processors Association Met hod 2286, Tentative Method of Extended Analysis for Natural Gas and Similar Mi xtures by Temperat ure Programmed Gas Chromatography, or accepted EPA methods to measure the composition of the flashed vapors. These measurements can be used to ca lculate the pounds of VOC emitted over the 24-hour measurement period. The pounds of VOC can then be divided by the oil or condensate production rate in barrels to det ermine the emission rate in pounds of VOC per barrel. Instead of making direct meas urements, the owner or operator can use default emission factors of 33.3 lb/bbl of condensate or 1.6 lb/bbl of crude. These factors were determined in a study titl ed VOC Emissions from Oil and Condensate Storage Tanks. This study, conducted in 2006, was sponsored by the TCEQ and the Houston Advanced Research Center (HARC) and is identified as project H51C. For crude oil, owners or operators can use a chart found as Exhibit 2 of the EPA publication Lessons Learned from Natural Gas STAR Part ners: Installing Vapor Recovery Units on Crude Oil Storage Tanks, October2003, to estimate the volu me of flash gas per barrel of oil. The VOC mass emission rate c an then be determined by assuming that the hydrocarbon vapors have a molecular we ight of 34 pounds per pound mole and are 48% by weight VOC. These values came from the HARC H51C study. Finally, the owner or operator can use a computer si mulation or other method approved by the executive director to estimate flash emissions. These options are specified to minimize the burden on owners and operator s to make direct measurements or complex calculations. If the regulat ed entity chooses to make direct measurements and they yield emission rates that are higher t han those determined by the default emission factors, EPA chart, or simulation, or if comput er simulation yields results higher than the default emission factors or c hart, the higher rates must be used. In response to comments, rule language has been added to §115. 112(d)(5) to specify that the higher rates must be used. The proposed rule only not ed this restriction in the preamble. The commission has deleted the proposed §115.112(d)(4)(E) and combined the option to use a computer simulation with the opti on to use another method approved by the executive director. This language was previously in §115.112(d)(4)(F). The accuracy of computer simulations is entirely dependent on the accuracy of the inputs and the use of appropriate model parameters. Regulated enti ties will still have the option to use a computer simulation to estimate flash emi ssions, but the use must be pre-approved by the executive director to ens ure that the results are accu rate. Staff of the Industrial Emissions Assessment Section who review such calculations for EI reporting will review the simulation use.

Nothing in the adopted rule implies authorizat ion of flash emissions. All emissions must be authorized according to a permit or other authorization under 30 TAC Chapters 106 or 116. The adopted rule regulates flash emissions from crude oil and condensate storage at oil or gas producti on sites and pipeline terminals. Flash emissions may also

### occur at storage terminals, refineries, and petrochemical plants, and crude oil and condensate are not the only sources of fl ash emissions. Processes in petroleum refineries and chemical plants can generate liquids containing dissolved gases that will flash when the liquid is rout ed from higher pressure equip ment to an atmospheric storage tank. Although flash emissions from these other liquids are not regulated under the adopted rule, the commission is not implyi ng that these emissions are authorized. Methods specified in the EPA Compilation of Air Pollutant Emission Factors (AP-42) to calculate emissions from storage tanks do not include emissions from flash. Unless these flash emissions have been separately estimated and included in best available control technology (BACT) and health effect s reviews during permitting, the emissions are not authorized even if theyare not expressly prohibited by regulation in Chapter 115.

Adopted §115.115(c) specifies ap propriate measuring instru ments and test methods for determining flash emissions if the ow ner or operator choos es to demonstrate compliance with the 25 tpy limit by direct me asurement. The use of a mass flow meter, positive displacement meter, or similar device must be used for determining flash gas flow rate. Conventional pitot tube or orific e plate techniques may not be appropriate for the relatively low flow rates from oil and condensate storage tanks. Flow measurements must be made over a 24-hour period represent ative of normal operation to make sure that the measurements capt ure emissions during a typical working cycle including pumping into and out of the tanks. The language in §115.115(c) has been changed to specify that at oil and gas production sites, fl ow measurements must be made while the producing wells are operational. The proposed rule listed this requirement, but the adopted language has been changed to clarify that it applies to measurements made at oil and gas production sites and not to meas urements made at pipeline breakout stations that could be at some distance from the producing wells. Gas composition must be determined using Gas Processors Associ ation Method 2286, Tentative Method of Extended Analysis for Natural Gas and Sim ilar Mixtures by Temperature Programmed Gas Chromatography, or approved EPA test methods. The listed test methods have been changed since proposal to include standard EPA test methods for the determination of VOC composit ion in addition to the Ga s Processors Association Method 2286.

In response to comments, the term "reportable emissions" in §115.116(a) has been replaced with the term "emissi ons inventory reportable emi ssions" to avoid confusion with the use of the term "repor table emissions" as used in the general air quality rules in 30 TAC Chapter 101.

Adopted §115.116(c)(1) specifies that owners oroperators of storage tanks that are not required to be equipped with a floating roof or vapor recovery system because the vapor pressure of the stored material is less than 1.5 psia shall keep records of the material stored and the vapor pressure. These records are necessary to document that material

### stored in fixed roof tanks meet s the criteria for ex emption from control requirements. In response to comments, the wording "length of time material is stored" has been replaced with the more precise wording "starting and ending dates when the material is stored." Commenters had expres sed confusion over the meaning of the phrase.

Adopted §115.116(c)(2) specifies that owners or operators of crude oil or condensate storage tanks with flash emissions shall keep records to verify that emissions from these tanks are below the 25 tpy criteria for exemption from control requirements. Records must be sufficient to allow investigators to determine whether flash emissions have been calculated by an appropriate method. If a computer simulation is used, records of the input and output must be retained. In response to comments, the wording has been changed to clarify that the requirements apply only to tanks or tank batteries at exploration and production sites or to tanks at pipeline breakout stations. Also in response to comments, the requirement to project emissions for the next year upon request has been deleted.

The adopted amendment to §115.117(a)(2) specifie s that in the HGB area, the storage of crude oil and condensate prio r to custody transfer in tanks with capacity less than 210,000 gallons will no longer be exempt from the control requirements of Subchapter B, Division 1 after January 1, 2009. The VOC emissions from such tanks at oil and gas production sites (especially emissions aris ing from flashed gases) have been found to be a significant source of VOC emissions and have previously not been reported.

A new exemption §115.117(a)(9) has been added to specify that if an owner or operator can demonstrate that a c ondensate tank with throughput gr eater than 1,500 barrels per year would have emissions less than 25 tpy, t hen the tank would not be subject to the flash emission controls in §115.112(d)(4).

Adopted §115.119(c) specifies that compli ance with the requirements of §§115.112(d), 115.115(c), and 115.116(c) must occur by January 1, 2009, as part of the effort to address the eight-hour ozone standard for the HGB area. However, if compliance with the new requirements would necessitate emptying and degassing the tank, compliance would not be required until the next time the tank is emptied or degassed but not later than January 1, 2017. Additi onal emissions that woul d arise from emptying and degassing a tank could negate the benefit of t he emission controls and so would not be required solely for the purpose of installing controls. Because tanks are generally taken out of service at least once every ten years, the controls must be installed no later than ten years from the date these rules are adopt ed. The delay in compliance would apply only to the installation of equipment; m onitoring and recordkeeping requirements must be observed beginning January 1, 2009. Regulated entities that use the delay of compliance provision should be prepared to justify why tank emptying and degassing was necessary to comply with the rules. Tanks with a nominal capacity less than

### 210,000 gallons (794,850 liters) storing crude oil and condens ate prior to custody transfer that were previouslyexempt must comply by J anuary 1, 2009. Since proposal, wording has been added to clarif y that these tanks must co mply by January 1, 2009, regardless if compliance would require emptying and degassing the tank.

Subchapter F, Miscellaneous Industrial Sources

Division 3, Degassing or Cl eaning of Stationary, Mari ne, and Transport Vessels

The adopted change to §115.541(a)(1) specifie s that after January 1, 2009, the degassing control requirements will apply to storage tanks in the HGB area with a nominal capacity of 75,000 gallons or great er storing materials with a true vapor pressure greater than 2.6 psia or to storage tanks with a nominal capacity of 250,000 gallons or more storing material with a true vapor pressure of 0.5 psia or greater. The current rule mandates degassing controls only to storage tan ks with a nominal capacity of one million gallons or more. The EI dat abase has records of more than 950 floating roof storage tanks with c apacity between 75,000 and one mill ion gallon capacity that could be required to employ vapor recove ry during tank degassing under the adopted rule. There are also more than 3,000 fixed r oof storage tanks in this size range, but an unknown number of these storage tanks store materials with a vapor pressure less than 2.6 or 0.5 psia and will notbe subject to the adopted dega ssing requirement. Degassing emissions from these smalle r storage tanks can be abated with technology similar to that used for larger tanks. The size and vapor pressure criteria for determining which storage tanks are subject to the degassing control requirements were changed since proposal in response to comments and subsequentcost effectiveness calculations by staff.

The adopted change to §115.542(a)(5) specifies that the current c ontrol requirements apply in the HGB area only until January 1, 2009. Adopted §115.542(a)(6) specifies new criteria for control of degassing vapors fr om storage tanks and transport vessels in the HGB area. The change requires that vapors be vented to a control device until the VOC concentration of the vapors is reduced to less than 34,000 ppm by volume (ppmv) as methane or to less than 50% of the lower expl osive limit (LEL). The current rules specify the 34,000 ppmv concentration as one criter ion for determining when vapors can be vented to the atmosphere but also allow vent ing after a turnover of four vapor space volumes has occurred. If the storage t anks are drained dry and if the flow of displacement gases is measured properly, fo ur turnovers would generally be sufficient to reduce VOC concentrations to less than 34,000 ppmv. If liquid remains in the bottom of the storage tank or transport vessel, as commonly occurs due to irregularities in the vessel surface, the remaining liquid would continue to be a source of VOC emissions after the four turnover crit erion has been satisfied. The adopted rules remove the option to vent to atmosphere after a turnover of four vapor space volumes has occurred.

### Dilution from ventilation gas used to sweep t he vapor space within the vessel could also cause a reading of 34,000 ppmv VOC to be reached temporarily, but if liquid remains in the storage tank the concentration could again rise when the flow of ventilation gas ceases. The adopted revision requires cont inued control of the vapors until the VOC concentration decreases to below 34,000 ppmv or a reading of less than 50% is obtained on an LEL meter. The concentration must be rechecked periodically while the tank is vented to the atmosphere to ensure that it remains below 34,000 ppmv or 50% LEL. If ventilation is continuous, the c oncentration must be measured at least once every 12 hours. If ventilation ceases for mo re than four hours, t he concentration must be rechecked before the tank is reopene d. The 50% LEL criterion was added in response to comments. The VOC concentration equivalent to 50% LEL is less than 34,000 ppmv and therefore is an acceptable criterion to determine when degassing vapors can be emitted to atmosphere. Also in response to comments, language has been added to specify that the concentration measurements are no longer required after five consecutive readings less than 34, 000 ppmv or less than 50% LEL have been obtained.

The adopted change to §115.542(b)(4) specifies that the stated co ntrol requirements apply in the HGB area only until January 1, 2009. Adopted §115.542(b)(5) specifies new criteria for control of degassing vapors from marine vessels in the HGB area. The change requires vapors to be vented to a cont rol device until the VOC concentration of the vapors is reduced to less than 34,000 ppm v as methane or 50% LEL. The current rules specify this concentration as one cr iterion for determining when vapors may be vented to the atmosphere but also allow vent ing after a turnover of four vapor space volumes has occurred. The adopted rules remove the option to vent to atmosphere after a turnover of four vapor space volumes has occurred. This change is being adopted for degassing vapors from marine vessels for the same reasons discussed for the adopted §115.542(a)(6) for storage tanks and transport vessels. The 50% LEL criterion has been added to the rule because the commission has specified that an equivalent LEL percentage can be used to determine when degassing need no longer be controlled for storage tanks. The current ru le in §115.542(b)(4) uses 20% of the LEL as one of the criteria for when marine vessels may be vent ed to the atmosphere. This requirement was not changed because it applies to sources in the Beaumont-Port Arthur area as well as (until January 1, 2009) sources in the HGB area. The revised §115.542(b)(5) specifies 50% of the LEL to be consist ent with the value used in §115.542(a)(6) for storage tanks and transport vessels. Because the LEL criterion is an option to allow flexibility in measurement methods, using 50% instead of 20% in §115.142(b)(5) will not allow an increase in VOC emissions overthose allowed under §115.542(b)(4).

Adopted §115.545(11) specifies the methods that must be used to measure the VOC concentration of the storage vessels, transport vessels, or marine vessels to determine when the vapors can be vented to the atmos phere instead of to a control device. In response to comments, several additional analytical methods have been specified to allow flexibility for the concentration m easurements. However, the large potential

### variability in chemical compos ition of stored liquids necessi tates carefully selecting and implementing the analytical method according to the precise chemical and physical circumstances occurring at the time ofthe measurement. Thus, the commission requires that sufficient records and other in formation be maintained to show that the alternative method used completely meet the needs of the specific instance. Examples of such records are maintenance and calibration records of all equipment, training records of equipment operators, and a written sampling plan for each instance complete with data quality objectives and QA/QC meas urement parameters. The measurement should be made at the head space of the vesse l, as close as possible to the tank bottom to ensure that the concentration m easurement is representative of actual conditions, but the measurements shoul d be made at a safe location.

Adopted §115.546(1)(D) specifies that records of the VOC c oncentration measurements required by §115.542(a)(6) and (b)(5) must be maintained. The records are necessary to document that degassing vapors are routed to a control device until they reach the criteria to be released to the atmosphere.

A change to §115.547(2) is adopted to state that after January 1, 2009, storage tanks in the HGB area with a nominal capacity of le ss than one million gallons but greater than or equal to 250,000 gallons or with a nominal capacity of greater than or equal to 75,000 gallons storing material with vapor pressu re greater than 2.6 ps ia will no longer be exempt from the requirement s to control degassing emissi ons. As discussed earlier in this preamble, degassing emissions from th ese smaller tanks can be controlled with technology similar to that used to control degassing emissions from the larger tanks. The commission revised the exemption level in response to public comments.

The words "causes" and "prevents" are added to §115.547(4) so that the text more clearly expresses the intended m eaning of the exemption.

Adopted §115.549(d) specifies that compli ance with the new and re vised requirements must occur by January 1, 2009, as part of the effort to address the eight-hour ozone standard for the HGB area.Texas Commission on Environmental Quality Page 1 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER B: GENERAL VOLATILE ORGANIC COMPOUND SOURCES DIVISION 1: STORAGE OF VOLATILE ORGANIC COMPOUNDS 

### §§ 115.110, 115.112 - 115.117, 115.119 Effective June 14, 2007



### § 115.110. Definitions. The following words and terms, when used in this division (relating to Storage of Volatile Organic Compounds), have the following meanings, unl ess the context clearly indicates otherwise. Additional definitions for terms used in this divi sion are found in §§3.2, 101.1, and 115.10 of this title (relating to Definitions). (1) Deck cover --A device that covers an opening in a floating roof deck. Some deck covers move horizontally relative to the deck (i.e., a sliding cover). (2) Flexible enclosure system --A system that includes all of the following: a flexible device that completely encloses the slotted gui depole and eliminates the hydrocarbon vapor emission pathway from inside the tank through the guidepole slot s to the outside air; a guidepole cover at the top of the guidepole; and a well cover positioned at the top of the guidepole well that seals any openings between the well cover and the guidepole (e.g. pole wiper), any openings between the well cover and any other objects that pass through the well cover, a nd any other openings in the top of the guidepole well. (3) Incompatible liquid --A liquid that is a different chemical compound, a different chemical mixture, a different grade of liquid material, or a fuel with different regulatory specifications provided that the chemical compound, chemical mixture, grade of li quid material, or fuel would be unusable for its intended purpose due to contamin ation from the previously stored liquid. (4) Internal sleeve emission control system --An emissions control system that includes all of the following: an internal guide pole sleeve that eliminates the hydrocarbon vapor emission pathway from inside the tank through the gui depole slots to the outside air; a guidepole cover at the top of the guidepole; and a well cover positione d at the top of the guidepole well that seals any openings between the well cover and the guidepole (e.g. pole wiper), any openings between the well cover and any other objects that pass through the well cover, and any other openings in the top of the guidepole well. (5) Pipeline breakout station --A facility along a pipeline containing storage vessels used to relieve surges or receive and store crude o il or condensate from the pipeline for reinjection into the pipeline and continued transportation by pipeline or to other facilities. (6) Pole float --A float located inside a guidepole that floats on the surface of the stored liquid. The rim of the float has a wiper or seal that extends to the inner surface of the pole.Texas Commission on Environmental Quality Page 2 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(7) Pole sleeve --A device that extends from either the cover or the rim of an opening in a floating roof deck to the outer surface of a pol e that passes through the opening. The sleeve extends into the stored liquid. (8) Pole wipe r--A seal that extends from either the cover or the rim of an opening in a floating roof deck to the outer surface of a pole that passes through the opening. (9) Slotted guidepole --A guidepole or gaugepole that has slots or holes through the wall of the pole. The slots or holes allow the stored liquid to flow into the pole at liquid levels above the lowest operating level. (10) Tank battery --A collection of equipment used to separate, treat, store, and transfer crude oil, condensate, natural gas, and pr oduced water. A tank battery typically receives crude oil, condensate, natural gas, or some combinati on of these extracted products from several production wells for accumulation and separation prior to transmi ssion to a natural gas plant or petroleum refinery. A collection of storage tanks at a pipeline breakout st ation, petroleum refinery, or petrochemical plant is not considered to be a tank battery. Adopted May 23, 2007 Effective June 14, 2007 §115.112. Control Requirements. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and until January 1, 2009, in the Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions), the following requirements apply. (1) No person shall place, store, or hold in any stationary tank, reservoir, or other container any volatile organic compound (VOC) unle ss such container is capable of maintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is equipped with at least the control device specified in Table I(a) of this paragraph for VOC other than crude oil and condensate, or Table II(a) of this paragraph for crude oil and condensate. Table I(a) REQUIRED CONTROL FOR STORAGE TANKS FOR VOC OTHER THAN CRUDE OIL AND CONDENSATE

True Vapor Pressure of Compound at Storage Conditions Nominal Storage Capacity Emission Control Requirements < 1.5 psia* (10.3 kPa*) Any None �1,000 gal* (3,785 L*) None > 1,000 gal (3,785 L) Submerged fill pipe and orTexas Commission on Environmental Quality Page 3 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

� 25,000 gal (94,635 L) vapor recovery system > 25,000 gal (94,635 L) and � 40,000 gal (151,416 L) Internal or external floating roof (any type) or vapor recovery system � 1.5 psia (10.3 kPa) and < 11 psia (75.8 kPa)

> 40,000 gal (151,416 L) Internal floating roof or External floating roof with primary seal (any type) and secondary seal or vapor recovery system

� 1,000 gal (3,785 L) None > 1,000 gal (3,785 L) and � 25,000 gal (94,635 L) Submerged fill pipe or vapor recovery system � 11 psia (75.8 kPa)

> 25,000 gal (94,635 L) Submerged fill pipe and vapor recovery system *psia=pounds per square inch absolute, *kPa=kilo Pascals, *gal=gallon, *L=Liter

Table II(a) REQUIRED CONTROL DEVICES FOR STORAGE TANKS FOR CRUDE OIL AND CONDENSATE

True Vapor Pressure of Compound at Storage Conditions Nominal Storage Capacity Emission Control Requirements < 1.5 psia* (10.3 kPa*) Any None � 1,000 gal* (3,785 L*) None > 1,000 gal (3,785 L) and � 40,000 gal (151,416 L) Submerged fill pipe or vapor recovery systemTexas Commission on Environmental Quality Page 4 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

� 1.5 psia (10.3 kPa) and < 11 psia (75.8 kPa) > 40,000 gal (151,416 L) Internal floating roof or External floating roof with primary seal (any type) and secondary seal or vapor recovery system

� 1,000 gal (3,785 L) None > 1,000 gal (3,785 L) and � 40,000 gal (151,416 L) Submerged fill pipe or vapor recovery system � 11 psia (75.8 kPa)

> 40,000 gal (151,416 L) Submerged fill pipe and vapor recovery system *psia=Pounds per square inch absolute, *kPa=kilo Pascals, *gal=Gallon, *L=Liter

(2) For floating roof storage tanks subject to the provisions of paragraph (1) of this subsection, the following requirements apply. (A) All openings in an internal or external floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents must provide a projection below the liquid surface or be equipped with a cover, seal, or lid. Any cover, seal, or lid must be in a closed (i.e., no visible gap) position at all times except when the device is in actual use. (B) Automatic bleeder vents (vacuum br eaker vents) must be closed at all times except when the roof is being floated off or landed on the roof leg supports. (C) Rim vents, if provided, must be set to open only when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. (D) Any roof drain that empties into the stored liquid must be equipped with a slotted membrane fabric cover that covers at least 90% of the area of the opening. (E) There must be no visible holes, tear s, or other openings in any seal or seal fabric.Texas Commission on Environmental Quality Page 5 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(F) For external floating roof storage tanks, secondary seals must be the rimmounted type (the seal must be continuous from the floating roof to the tank wall). The accumulated area of gaps that exceed 1/8 inch (0.32 centimeter) in width between the secondary seal and tank wall must be no greater than 1.0 square inch per foot(21 square centimeters permeter) of tank diameter. (3) Vapor recovery systems used as a c ontrol device on any stationary tank, reservoir, or other container must maintain a minimum control efficiency of 90%. (b) For all persons in Gregg, Nueces, and Victoria Counties, the following requirements shall apply: (1) No person shall place, store, or hold in any stationary tank, reservoir, or other container any volatile organic compound (VOC), unle ss such container is capable of maintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is equipped with at least the control device specified in Table I(a) for VOC other than crude oil and condensate or Table II(a) for crude oil and condensate. (2) For floating roof storage tanks subject to the provisions of paragraph (1) of this subsection, the following requirements shall apply

. (A) All openings in an internal or external floating roof, except for automatic bleeder vents (vacuum breaker vents) and rim space vents, must provide a projection below the liquid surface or be equipped with a cover, seal, or lid. Any cover, seal, or lid must be in a closed (i.e., no visible gap) position at all times, except when the device is in actual use. (B) Automatic bleeder vents (vacuum breaker vents) are to be closed at all times except when the roof is being floated off or landed on the roof leg supports. (C) Rim vents, if provided, are to be set to open only when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. (D) Any roof drain that empties into the stored liquid shall be equipped with a slotted membrane fabric cover that covers at least 90% of the area of the opening. (E) There shall be no visible holes, tear s, or other openings in any seal or seal fabric. (F) For external floating roof storage tanks, secondary seals shall be the rimmounted type (the seal shall be continuous from the floating roof to the tank wall). The accumulated area of gaps that exceed 1/8 inch (0.32 centimeter) in width between the secondary seal and tank wall shall be no greater than 1.0 square inch per foot (21 square centimeters/meter) of tank diameter. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties,Texas Commission on Environmental Quality Page 6 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

the following requirements shall apply. (1) No person may place, store, or hold in any stationary tank, reservoir, or other container any VOC, other than crude oil or condensate, unless such container is capable of maintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is designed and equipped with at least the control devi ce specified in Table I(b) for VOC other than crude oil and condensate.

Table I(b) REQUIRED CONTROL DEVICES FOR STORAGE TANKS FOR VOC OTHER THAN CRUDE OIL AND CONDENSATE

True Vapor Pressure of Compound at Storage Conditions Nominal Storage Capacity Emission Control Requirements < 1.5 psia (10.3 kPa) Any None � 1,000 gal (3,785 L*) None > 1,000 gal (3,785 L) None > 1,000 gal (3,785 L) and � 25,000 gal (94,635 L) Submerged fill pipe or vapor recovery system � 1.5 psia (10.3 kPa) and < 11 psia (75.8 kPa) > 25,000 gal (94,635 L) Internal or external floating roof (any type) or vapor recovery system

� 1,000 gal (3,785 L) None > 1,000 gal (3,785 L) and � 25,000 gal (94,635 L) Submerged fill pipe or vapor recovery system � 11 psia (75.8 kPa) > 25,000 gal (94,635 L) Submerged fill pipe and vapor recovery systemTexas Commission on Environmental Quality Page 7 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

*L=Liter

(2) For floating roof storage tanks subject to the provisions of paragraph (1) of this subsection, the following requirements shall apply. (A) There shall be no visible holes, tear s, or other openings in any seal or seal fabric. (B) All tank gauging and sampling devices shall be vapor-tight except when gauging and sampling is taking place. (3) No person in Matagorda or San Patric io Counties shall place, store, or hold crude oil or condensate in any stationary tank, reservoir, or other container, unless such tank, reservoir, or other container is a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is equipped with one of the following vapor-loss control devices, properly maintained and operated: (A) an internal floating cover or external floating roof as defined in §115.10 of this title (relating to Definitions). This control e quipment shall not be permitted if the VOC has a true vapor pressure of 11.0 psia (75.8 kPa) or greater . All tank-gauging and tank-sampling devices shall be vapor-tight, except when gauging or sampling is taking place; 

### or (B) a vapor recovery system as defined in §115.10 of this title (relating to Definitions). (d) For all persons in the Houston/Galveston/Brazoria area the following requirements apply beginning January 1, 2009. (1) No person shall place, store, or hold in any stationary tank, reservoir, or other container any VOC unless such container is capable of maintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphe re, or is equipped with at least the control device specified in either Table I(a) of subsection (a)(1) of this section for VOC other than crude oil and condensate, or Table II(a) of subsection (a)(1) of this section for crude oil and condensate. (2) For floating roof storage tanks subject to the provisions of paragraph (1) of this subsection, the following requirements apply. (A) All openings in an internal floating cover or external floating roof as defined in §115.10 of this title (relating to Definitions) except for automatic bleeder vents (vacuum breaker vents), and rim space vents must provide a pr ojection below the liquid surface. All openings in an internal floating cover or external floating roof except for automatic bleeder vents (vacuum breaker vents), rim space vents, leg sleeves, and roof drains must be equipped with a deck cover. The deck cover must be equipped with a gasket in good operating condition between the cover and the deck. TheTexas Commission on Environmental Quality Page 8 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

deck cover must be closed (i.e. no gap of more than 1/8 inch) at all times, except when the cover must be open for access. (B) Automatic bleeder vents (vacuum breaker vents) and rim space vents must be equipped with a gasketed lid, pallet, flapper, or other closure device and must be closed (i.e. no gap of more than 1/8 inch) at all times except when required to be open to relieve excess pressure or vacuum, in accordance with the manufacturer’s design. (C) Each opening into the internal floating cover for a fixed roof support column may be equipped with a flexible fabric sleeve seal instead of a deck cover. (D) Any roof drain that empties into the stored liquid must be equipped with a slotted membrane fabric cover that covers at least 90% of the area of the opening or an equivalent control that must be kept in a closed (i.e., no gap of more than 1/8 inch) position at all times except when the drain is in actual use . Stub drains on inte rnal floating roof tanks are not subject to this requirement. (E) There must be no visible holes, tear s, or other openings in any seal or seal fabric. (F) For external floating roof storage tanks, secondary seals must be the rimmounted type (the seal must be continuous from th e floating roof to the tank wall with the exception of gaps that do not exceed the following specification). The accumulated area of gaps that exceed 1/8 inch (0.32 centimeter) in width between the secondary seal and tank wall must be no greater than 1.0 square inch per foot (21 square centimeters per meter) of tank diameter. (G) Each opening for a slotted guidepol e in an external floating roof tank must be equipped with one of the control device configur ations specified in clauses (i) - (vi) of this subparagraph. (i) A pole wiper and a pole float. The wiper or seal of the pole float must be at or above the height of the pole wiper. (ii) A pole wiper and a pole sleeve. (iii) An internal sleeve emission control system. (iv) Retrofit to a solid guidepole system. (v) A flexible enclosure system. (vi) A cover on an external floating roof tank

. (H) The floating roof must be floating on the liquid surface at all times exceptTexas Commission on Environmental Quality Page 9 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

when the floating roof is supported by the leg supports or other support devices (e.g., hangers from the fixed roof) during the initial fill (including refill after the tank has been degassed and cleaned in accordance with §§115.541 – 115.547 of this title (rela ting to Degassing or Cleaning of Stationary, Marine, and Transport Vessels) or as allowed under the following circumstances: (i) when necessary for maintenance or inspection; (ii) when necessary for supporting a change in service to an incompatible liquid); (iii) when the storage tank has a capacity of less than 25,000 gallons or the vapor pressure of the material stored is less than 1.5 psia; (iv) when the vapors are routed to a control device from the time the floating roof is landed until the floating roof is within ten percent by volume of being refloated; (v) when all emissions from the tank, including emissions from roof landings, have been included in a floating roof storage tank emissions limit or cap approved under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification); or (vi) when all emissions from floating roof landings at the regulated entity as defined in §101.1 of this title (relating to Definitions) are less than 25 tons per year. (3) Vapor recovery systems used as a c ontrol device on any stationary tank, reservoir, or other container must maintain a minimum control efficiency of 90%. (4) Storage tanks storing condensate prior to custody transfer must route flashed gases to a vapor recovery system or control device if the liquid throughput through an individual tank or the aggregate of tanks in a tank battery exceeds 1,500 barrels (63,000 gallons) per year. (5) Storage tanks storing crude oil or condensate prior to custody transfer or at a pipeline breakout station must route flashed gases to a vapor recovery system or control device if the uncontrolled VOC emissions from an individual storage tank, or from the aggregate of tanks in a tank battery, have the potential to equal or exceed 25 tons per year on a rolling 12-month basis. Uncontrolled emissions must be estimated by one of the following methods; however, if emissions determined using direct measurements or othe r methods approved by the executive director under subparagraphs (A) or (D) of this paragraph are highe r than emissions estimated using the default factors or charts in subparagraphs (B) or (C) of this paragraph, the higher values must be used:



### (A) direct measurement using the measuring instruments and methods specified in §115.115 of this title (relating to Approved Test Methods);Texas Commission on Environmental Quality Page 10 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(B) using a factor of 33.3 pounds of VOC per barrel (42 gallons) of condensate produced or 1.6 pounds of VOC per barrel (42 gallons) of oil produced; (C) for crude oil storage only, using the chart in Exhibit 2 of the United States Environmental Protection Agency publication Lessons Learned from Natural Gas STAR Partners: Installing Vapor Recovery Units on Crude Oil Storage Tanks , October 2003, and assuming that the hydrocarbon vapors have a molecular weight of 34 pounds per pound mole and are 48% by weight VOC; or (D) other test method or computer simulation approved by the executive director. Adopted May 23, 2007 Effective June 14, 2007 §115.113. Alternate Control Requirements. Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Storage of Volatile Organic Compounds) may be approved by the executive director in accordance with §115.910 of this title (relating to Availability of Alternate Means of Cont rol) if emission reductions are demonstrated to be substantially equivalent. Adopted May 23, 2007 Effective June 14, 2007 §115.114. Inspection Requirements. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas, the following inspection requirements apply. (1) For internal floating roof storage ta nks, the internal floating roof and the primary seal or the secondary seal (if one is in service) must be visually inspected through a fixed roof inspection hatch at least once every 12 months. If the internal floating roof is not resting on the surface of the volatile organic compounds (VOC) inside the storage tank and is not resting on the leg supports; or liquid has accumulated on the internal floating roof; or the seal is detached; or there are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank in accordance with §§115.541 - 115.547 of this title (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels). If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program with jurisdiction. Each request for an extension must include a statement that a lternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible.Texas Commission on Environmental Quality Page 11 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(2) For external floating roof storage tanks, the secondary seal gap must be physically measured at least once every 12 months to insure compliance with §115.112(a)(2)(F) and §115.112(d)(2)(F) of this title (relating to Control Requirements). If the secondary seal gap exceeds the limitations specified by §115.112(a)(2)(F) or §115.112(d)(2)(F) of this title, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank in accordance with §§115.541 - 115.547 of this title. If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air po llution control program with jurisdiction. Each request for an extension must include a statement that alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible. (3) If the tank is equipped with a mechan ical shoe or liquid-mounted primary seal, compliance with §115.112(a)(2)(F) and §115.112(d)(2)(F) of this title can be determined by visual inspection. (4) For external floating roof storage tanks, the secondary seal must be visually inspected at least once every six months to ensure compliance with §115.112(a)(2)(E) and (F) and §115.112(d)(2)(E) and (F) of this title. If the external floating roof is not resting on the surface of the VOC inside the storage tank and is not resting on the leg supports; or liquid has accumulated on the external floating roof; or the seal is detached; or ther e are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank in accordance with §§115.541 - 115.547 of this title. If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program with jurisdiction. Each request for an extension must include a statement that alternate st orage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible

. (b) For all persons in Gregg, Nueces, and Victoria Counties, the following inspection requirements shall apply. (1) If during an inspection of an internal floating roof storage tank, the internal floating roof is not resting on the surface of the VOC inside the storage tank and is not resting on the leg supports; or liquid has accumulated on the internal floa ting roof; or the seal is detached; or there are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank. If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program with jurisdiction. Each request for an extension shall include a statement that alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible.Texas Commission on Environmental Quality Page 12 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(2) For external floating roof storage tanks, the secondary seal gap shall be physically measured at least once every 12 months to insure compliance with §115.112(b)(2)(F) of this title. If the secondary seal gap exceeds the limitations specified by §115.112(b)(2)(F) of this title, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank. If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program with jurisdiction. Each request for an extension shall include a statement that alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible. (3) If the tank is equipped with a mechan ical shoe or liquid-mounted primary seal, compliance with §115.112(b)(2)(F) of this title can be determined by visual inspection. (4) For external floating roof storage tanks, the secondary seal shall be visually inspected at least once every 12 months to insure compliance with §115.112(b)(2)(E) - (F) of this title. If the external floating roof is not resting on the surface of the VOC inside the storage tank and is not resting on the leg supports; or liquid has accumulated on the external floating roof; or the seal is detached; or there are holes or tears in the seal fabr ic; or there are visible gaps between the seal and the wall of the storage tank, within 60 days of the inspec tion the owner or operator shall repair the items or shall empty and degas the storage tank. If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office . The owner or operator shall submit a copy to any local air pollution control program with jurisdiction. Each request for an extension shall include a statement that alternate st orage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following inspection requirements shall apply. (1) If during an inspection of an internal floating roof storage tank, the internal floating roof is not resting on the surface of the VOC inside the storage tank and is not resting on the leg supports; or liquid has accumulated on the internal floa ting roof; or the seal is detached; or there are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank. If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program with jurisdiction. Each request for an extension shall include a statement that alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible. (2) If during an inspection of an external floating roof storage tank, the external floating roof is not resting on the surface of the VOC inside the storage tank and is not resting on theTexas Commission on Environmental Quality Page 13 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

leg supports; or liquid has accumulated on the external floating roof; or the seal is detached; or there are holes or tears in the seal fabric; or there ar e visible gaps between the seal and the wall of the storage tank, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank. If a failure cannot be repaired within 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of up to 30 additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program with jurisdiction. Each request for an extension shall include a statement that alternate st orage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible. Adopted May 23, 2007 Effective June 14, 2007 §115.115. Approved Test Methods. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas, compliance with §115. 112(a) and (d) of this title (relating to Control Requirements) must be determined by applying the following test methods, as appropriate: (1) Test Methods 1-4 (40 Code of Federa l Regulations (CFR) Part 60, Appendix A) for determining flow rates, as necessary; (2) Test Method 18 (40 CFR Part 60, A ppendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 22 (40 CFR Part 60, Appendix A) for visual determination of fugitive emissions from material sources and smoke emissions from flares; (4) Test Method 25 (40 CFR Part 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (5) Test Methods 25A or 25B (40 CFR Part 60, Appendix A) for determining total gaseous organic concentrations using flame i onization or nondispersive infrared analysis; (6) test method described in 40 CFR §60.113a(a)(1)(ii) (effective April 8, 1987) for measurement of storage tank seal gap; (7) determination of true vapor pressure using American Society for Testing and Materials (ASTM) Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure; or (8) minor modifications to these test methods approved by the executive director. (b) For Gregg, Nueces, and Victoria Counties, compliance with §115.112(b) of this title shall be determined by applying the following test methods, as appropriate:Texas Commission on Environmental Quality Page 14 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) Test Methods 1-4 (40 Code of Federal Regulations 60, Appendix A) for determining flow rates, as necessary; (2) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 22 (40 Code of Federa l Regulations 60, Appendix A) for visual determination of fugitive emissions from materi al sources and smoke emissions from flares; (4) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (5) Test Methods 25A or 25B (40 Code of Federal Regulations 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis; (6) test method described in 40 CFR 60.113a(a)(1)(ii) (effective April 8, 1987) for measurement of storage tank seal gap; (7) determination of true vapor pressu re using ASTM Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure; or (8) minor modifications to these test methods approved by the executive director. (c) For the Houston/Galveston/Brazoria area, compliance with §115.112(d)(5) of this title may be determined by using the following measurement in struments or applying the following test methods, as appropriate: (1) mass flow meter, positive displacement meter, or similar device over a 24-hour period representative of normal operation for flow m easurements of flash gases. For crude oil and natural gas production sites, the flow measurements must be made while the producing wells are operational; and (2) test methods referenced in subsection (a)(2), (4), and (5) of this section or Gas Processors Association Method 2286, Tentative Method of Extended Analysis for Natural Gas and Similar Mixtures by Temperature Programmed Gas Ch romatography, to measure the concentration of VOC in the flashed gases; or (3) minor modifications to these test methods approved by the executive director. Adopted May 23, 2007 Effective June 14, 2007 §115.116. Monitoring and Recordkeeping Requirements.Texas Commission on Environmental Quality Page 15 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas, the follo wing recordkeeping requirements apply. (1) The owner or operator of any storage vessel with an external floating roof that is exempted from the requirement for a secondary seal as specified in §115.117(a)(1), (6), and (7) of this title (relating to Exemptions) and is used to stor e volatile organic compounds (VOC) with a true vapor pressure greater than 1.0 pounds per square inch abso lute (psia) (6.9 kilo Pascals (kPa)) at storage conditions shall maintain records of the type of VOC stored and the average monthly true vapor pressure of the stored liquid. (2) The results of inspections required by §115.114(a) of this title (relating to Inspection Requirements) must be recorded. For seconda ry seal gaps that are required to be physically measured during inspection, these records must include a calculation of emissions for all secondary seal gaps that exceed 1/8 inch (0.32 centimeter) where the accumulated area of such gaps is greater than 1.0 square inch per foot (21 square centimeters per me ter) of tank diameter. These calculated emissions inventory reportable emissions (Tr) must be re ported in the annual emissions inventory submittal required by §101.10 of this title (relating to Emissions Inventory Requirements). The emissions must be calculated using the following methodology: (A) Allowable Seal Gap (greater than 1/8 inch wide): As (square inches) = 1 square inch per tank diameter foot x tank diameter. (B) Measured Seal Gap: Ms (square inches). (C) Reportable Seal Gap Area: Rs = Ms - As in square inches. (D) Reportable Seal Gap/Allowable Ratio: RRs = Rs divided by As. (E) Tank Circumference: Tc (feet). (F) Reportable Seal Gap Length (total linear feet of seal gap greater than 1/8 inch gap width): Rl. (G) Reportable Seal Gap Length/Tank Circumference Ratio: RRl = Rl/Tc. (H) Tank Emissions (with good single seal): Ts = Compilation of Air Pollutant Emission Factors (AP-42) Calculation (convert to pounds/day). (I) Tank Emissions (with two good seals): Tss = AP-42 Calculation (convert to pounds/day). Note: Use maximum local monthly average ambient temperature as reported by the National Weather Service to calculate true vapor pressure. (J) Emissions Inventory Reportable emissions: Tr (pounds) = (Ts - Tss) x RRs x RRl x 90 days. Note: In no case should Tr be greater than (Ts - Tss).Texas Commission on Environmental Quality Page 16 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(3) Affected persons shall install and maintain monitors to continuously measure and record operational parameters of any of the follo wing emission control devices installed to meet applicable control requirements . Such records must be sufficient to demonstrate proper functioning of those devices to design specifications, including: (A) the exhaust gas temperature immediately downstream of a direct-flame incinerator; (B) the inlet and outlet gas temperatur e of a chiller or catalytic incinerator; and (C) the exhaust gas VOC concentration of any carbon adsorption system, as defined in §115.10 of this title (relating to Defin itions), to determine if breakthrough has occurred. (4) The results of any testing conducted in accordance with the provisions specified in §115.115(a) of this title (relating to Approved Test Methods) must be maintained at an affected facility. (5) All records must be maintained for two years and be made available for review upon request by authorized representatives of the ex ecutive director, the United States Environmental Protection Agency (EPA), or local air pollu tion control agencies with jurisdiction. (b) For all persons in Gregg, Nueces, and Victoria Counties, the following recordkeeping requirements shall apply. (1) The owner or operator of any storage vessel with an external floating roof which is exempted from the requirement for a secondary seal as specified in §115.117(b)(1), (6), and (7) of this title and used to store VOC with a true vapor pressu re greater than 1.0 psia (6.9 kPa) at storage conditions shall maintain records of the type of VOC stored and the average monthly true vapor pressure of the stored liquid. (2) The results of inspections required by §115.114(b) of this title shall be recorded. (3) In Victoria County, affected persons shall install and maintain monitors to continuously measure and record operational parame ters of any of the following emission control devices installed to meet applicable control requi rements. Such records must be sufficient to demonstrate proper functioning of those de vices to design specifications, including: (A) the exhaust gas temperature immediately downstream of a direct-flame incinerator; (B) the inlet and outlet gas temperatur e of a chiller or catalytic incinerator; and (C) the exhaust gas VOC concentration of any carbon adsorption system, as defined in §115.10 of this title, to determine if breakthrough has occurred.Texas Commission on Environmental Quality Page 17 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(4) The results of any testing conducted in accordance with the provisions specified in §115.115(b) of this title shall be maintained at an affected facility. (5) All records shall be maintained for two years and be made available for review upon request by authorized representatives of the execu tive director, EPA, or local air pollution control agencies. (c) For all persons in the Houston/Galves ton/Brazoria area, the following recordkeeping requirements apply in addition to those speci fied in subsection (a) of this section. (1) The owner or operator of any stationary tank, reservoir, or container with a fixed roof that is not required to be equipped with a floa ting roof or vapor recovery system, as specified in either Table I(a) or Table II(a) of §115.112(a)(1) of th is title (relating to Control Requirements), shall maintain records of the type of VOC stored, the st arting and ending dates when the material is stored, and the true vapor pressure at the average monthly storage temperature of the stored liquid. This requirement does not apply to storage tanks with nominal storage capacity of 25,000 gallons or less storing volatile organic liquids other than crude oil or condensate, or to storage tanks with nominal storage capacity of 40,000 gallons or less storing crude oil or condensate. (2) The owner or operator of any storage tank that stores crude oil or condensate prior to custody transfer or at a pipeline breakout stati on and is not equipped with vapor recovery shall maintain records of the estimated annual emissi ons from the storage tank to document that the uncontrolled emissions are less than 25 tons per year. The records must be updated annually and must be made available for review within 72 hours upon request by authorized representatives of the executive director, the EPA, or local air po llution control agencies with jurisdiction. Adopted May 23, 2007 Effective June 14, 2007 §115.117. Exemptions. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas, the following exemptions apply. (1) Except as provided in §115.116 of this title (relating to Monitoring and Recordkeeping Requirements), any volatile organic compound (VOC) with a true vapor pressure less than 1.5 pounds per square inch absolute (psia) (10.3 kilo Pascals (kPa)) at storage conditions is exempt from the requirements of this division (rela ting to Storage of Volatile Organic Compounds). (2) Crude oil and condensate stored in tanks with a nominal capacity less than 210,000 gallons (794,850 liters), prior to custody transfer, is exempt from the requirements of this division. After January 1, 2009, this exemption no longer applies in the Houston/Galveston/Brazoria area. (3) Storage containers that have a capacity of less than 25,000 gallons (94,625 liters) located at motor vehicle fuel dispensing facilities ar e exempt from the requirements of this division.Texas Commission on Environmental Quality Page 18 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(4) A welded tank with a mechanical shoe primary seal that has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary seal) is exempt from the requirement for retrofitting with a rim-mounted seconda ry seal if the shoe-mounted secondary seal was installed or scheduled for installation before August 22, 1980. (5) External floating roof tanks stori ng waxy, high pour point crude oils are exempt from any secondary seal requirements of §115.112(a) of this title (relating to Control Requirements). (6) Any welded tank storing VOC having a true vapor pressure less than 4.0 psia (27.6 kPa) is exempt from any external floating roof secondary seal requirement if any of the following types of primary seals have been installed before August 22, 1980: (A) a mechanical shoe seal; (B) a liquid-mounted foam seal; or (C) a liquid-mounted liquid filled type seal. (7) Any welded tank storing crude oil havi ng a true vapor pressure equal to or greater than 4.0 psia (27.6 kPa) and less than 6.0 psia (41.4 kPa) at storage conditions is exempt from any external floating roof secondary seal requirement if any of the following types of primary seals have been installed before December 10, 1982: (A) a mechanical shoe seal; (B) a liquid-mounted foam seal; or (C) a liquid-mounted liquid filled type seal. (8) Storage containers that have a capacity of no more than 1,000 gallons are exempt from the requirements of this division. (9) Condensate storage tanks or tank batteries with a throughput exceeding 1,500 barrels (63,000 gallons) per year are exempt from the requirement in §115.112(d)(4) of this title to route flashed gases to a vapor recovery system or control device if the owner or operator demonstrates using test methods specified in §115.115(c) of th is title, that uncontrolled VOC emissions from the individual tank, or from the aggregate of storage ta nks in a tank battery, are less than 25 tons per year on a rolling 12-month basis. (b) For all persons in Gregg, Nueces, and Victoria Counties, the following exemptions apply. (1) Except as provided in §115.116 of this title, any VOC with a true vapor pressure less than 1.5 psia (10.3 kPa) at storage conditions is exempt from the requirements of this division. (2) Crude oil and condensate stored in tanks with a nominal capacity less than 210,000Texas Commission on Environmental Quality Page 19 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

gallons (794,850 liters), prior to custody transfer, is exempt from the requirements of this division. (3) Storage containers which have a capacity of less than 25,000 gallons (94,625 liters) located at motor vehicle fuel dispensing facilities ar e exempt from the requirements of this division. (4) A welded tank with a mechanical shoe primary seal which has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary seal) is exempt from the requirement for retrofitting with a rim-mounted seconda ry seal if the shoe-mounted secondary seal was installed or scheduled for installation before August 22, 1980. (5) External floating roof tanks stori ng waxy, high pour point crude oils are exempt from any secondary seal requirements of §115.112(b) of this title. (6) Any welded tank storing VOC having a true vapor pressure less than 4.0 psia (27.6 kPa) is exempt from any external secondary seal requirement if any of the following types of primary seals have been installed before August 22, 1980: (A) a mechanical shoe seal; (B) a liquid-mounted foam seal; or (C) a liquid-mounted liquid filled type seal. (7) Any welded tank storing crude oil havi ng a true vapor pressure equal to or greater than 4.0 psia (27.6 kPa) and less than 6.0 psia (41.4 kPa) at storage conditions is exempt from any external secondary seal requirement if any of the following types of primary seals have been installed before December 10, 1982: (A) a mechanical shoe seal; (B) a liquid-mounted foam seal; or (C) a liquid-mounted liquid filled type seal. (8) Storage containers which have a capacity of no more than 1,000 gallons are exempt from the requirements of this division. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following exemptions apply. (1) Any VOC with a true vapor pressure less than 1.5 psia (10.3 kPa) at storage conditions is exempt from the requirements of this division. (2) Slotted sampling and gauge pipes installed in any floating roof storage tank are exempt from the provisions of §115.112(c) of this title.Texas Commission on Environmental Quality Page 20 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(3) Storage tanks with nominal capacities between 1,000 gallons (3,785 liters) and 25,000 gallons (94,625 liters) are exempt from the requirements of §115.112(c)(1) of this title if construction began before May 12, 1973. (4) Storage tanks with a nominal capacity of 420,000 gallons (1,589,700 liters) or less are exempt from the requirements of §115.112(c)(3) of this title

. (5) Storage containers which have a capacity of no more than 1,000 gallons are exempt from the requirements of this division. Adopted May 23, 2007 Effective June 14, 2007 §115.119. Counties and Compliance Schedules. (a) The owner or operator of each stationary ta nk, reservoir, or other container in which any volatile organic compound (VOC) is placed, stored, orheld in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall continue to comply with this division (relating to Storage of Volatile Organic Compounds) as required by §115.930 of this title (relating to Compliance Dates). (b) The owner or operator of each stationary ta nk, reservoir, or other container in which any VOC is placed, stored, or held in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply with this division as soon as practicable, but no later than March 1, 2009. (c) The owner or operator of each stationary ta nk, reservoir, or other container in which any VOC is placed, stored, or held in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall comply with the requirements of §§115.112(d), 115.115(c), and 115.116(c) of this title (relating to Control Re quirements; Approved Test Methods; and Monitoring and Recordkeeping Requirements) as soon as prac ticable, but no later than January 1, 2009. If compliance with these requirements would require emptying and degassing of the stationary tank, reservoir, or container, compliance is not required until the next time the stationary tank, reservoir, or container is emptied or degassed but no later thanJanuary 1, 2017. The owner or operator of each stationary tank, reservoir, or container witha nominal capacity less than 210,000 gallons (794,850 liters) storing crude oil and condensate prior to custody transfer in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Walle r Counties shall comply with the requirements of this division as soon as practicable but no later than January 1, 2009, regardless if compliance with these requirements would require emptying and dega ssing of the stationary tank, reservoir, or container. Adopted May 23, 2007 Effective June 14, 2007Texas Commission on Environmental Quality Page 21 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER B: GENERAL VOLATILE ORGANIC COMPOUND SOURCES DIVISION 2: VENT GAS CONTROL '' 115.120 - 115.123, 115.125 - 115.127, 115.129 Effective December 7, 2006

' 115.120. Vent Gas Definitions. The following words and terms, when used in this division (relating to Vent Gas Control), shall 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) Bakery oven- An oven for baking bread or any other yeast-leavened products. (2) Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch distillation operation- A SOCMI noncontinuous distillation operation in which a discrete quantity or batch of liquid feed is charged into a distillation unit and distilled at one time. After the initial charging of the liquid feed, no additional liquid is added during the distillation operation. (3) Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch process - Any SOCMI noncontinuous reactor process which is notcharacterized by steady-state conditions, and in which reactants are not added and products are not removed simultaneously. (4) Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation operation- A SOCMI operation separating one or more feedstream(s) into two or more exit streams, each exit stream having component concentrations di fferent from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor-phase as they approach equilibrium within the distillation unit. (5) Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation unit

- A SOCMI device or vessel in which distillation operations occur, including all associated internals (including, but not limited to, trays and packing), accessories (including, but not limited to, reboilers, condensers, vacuum pumps, and steam jets), and recovery devices (such as absorbers, carbon adsorbers, and condensers) which are capable of, and used for, recovering chemicals for use, reuse, or sale. (6) Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor process

- A SOCMI unit operation in which one or more chemical s, or reactants other than air, are combined or decomposed in such a way that their molecular structures are altered and one or more new organic compounds are formed. Adopted December 13, 2002 Effective January 17, 2003 ' 115.121. Emission Specifications.Texas Commission on Environmental Quality Page 22 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, as defined in ' 115.10 of this title (relating to Definitions), the following emission specifications shall apply. (1) No person may allow a vent gas stream containing volatile organic compounds (VOC) to be emitted from any process vent, unless the vent gas stream is controlled properly in accordance with ' 115.122(a)(1) of this title (relating to Control Requirements). (2) No person may allow a vent gas stream to be emitted from the following processes unless the vent gas stream is controlled properly in accordance with ' 115.122(a)(2) of this title: (A) any synthetic organic chemical ma nufacturing industry reactor process or distillation operation; (B) any air oxidation synthetic orga nic chemical manufacturing process; (C) any liquid phase polypropylene manufacturing process; (D) any liquid phase slurry high-dens ity polyethylene manufacturing process; or (E) any continuous polystyrene manufacturing process. (3) In the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, VOC emissions from bakery ovens, as defined in ' 115.10 of this title, shall be controlled properly in accordance with ' 115.122(a)(3) of this title. (4) Any vent gas stream in the Houston/Galveston area which includes a HRVOC, as defined in ' 115.10 of this title, is subject to the requirement s of Subchapter H of this chapter (relating to Highly-Reactive Volatile Organic Compounds) in a ddition to the applicable requirements of this division (relating to Vent Gas Control). (b) In Nueces and Victoria Counties, no person may allow a vent gas stream to be emitted from any process vent containing one or more of the following VOC or classes of VOC, unless the vent gas stream is controlled properly in accordance with ' 115.122(b) of this title: (1) emissions of ethylene associated withthe formation, handling, and storage of solidified low-density polyethylene; (2) emissions of the following specific VOC: ethylene, butadiene, isobutylene, styrene, isoprene, propylene, methylstyrene; and (3) emissions of specified classes of VOC , including aldehydes, alcohols, aromatics, ethers, olefins, peroxides, amines, acids, esters, ketones, sulfides, and branched chain hydrocarbonsTexas Commission on Environmental Quality Page 23 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(C 8 and above). (c) For persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following emission specifications shall apply. (1) No person may allow a vent gas stream to be emitted from any process vent containing one or more of the following VOC or classes of VOC, unless the vent gas stream is controlled properly in accordance with ' 115.122(c)(1) of this title: (A) emissions of ethylene associated w ith the formation, handling, and storage of solidified low-density polyethylene; (B) emissions of the following specific VOC: ethylene, butadiene, isobutylene, styrene, isoprene, propylene, and methylstyrene; and (C) emissions of specified classes of VOC, including aldehydes, alcohols, aromatics, ethers, olefins, peroxides, amines, aci ds, esters, ketones, sulfides, and branched chain hydrocarbons (C 8 and above). (2) No person may allow a vent gas stream to be emitted from any catalyst regeneration of a petroleum or chemical process sy stem, basic oxygen furnace, or fluid coking unit into the atmosphere, unless the vent gas stream is properly controlled in accordance with ' 115.122(c)(2) of this title. (3) No person may allow a vent gas stream to be emitted from any iron cupola into the atmosphere, unless the vent gas stream is properly controlled in accordance with ' 115.122(c)(3) of this title. (4) Vent gas streams from blast furnaces shall be controlled properly in accordance with ' 115.122(c)(4) of this title. Adopted December 13, 2002 Effective January 17, 2003 ' 115.122. Control Requirements. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following control requirements shall apply. (1) Any vent gas streams affected by ' 115.121(a)(1) of this title (relating to Emission Specifications) must be controlled properly with a cont rol efficiency of at least 90% or to a volatile organic compound (VOC) concentration of no more than 20 parts per million by volume (ppmv) (on a dry basis corrected to 3.0% oxygen for combustion devices): (A) in a direct-flame incinerator at a te mperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius);Texas Commission on Environmental Quality Page 24 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(B) in a smokeless flare; or (C) by any other vapor control system, as defined in ' 115.10 of this title (relating to Definitions). (2) Any vent gas streams affected by ' 115.121(a)(2) of this title must be controlled properly with a control efficiency of at least 98% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices): (A) in a smokeless flare; or (B) by any other vapor control system, as defined in ' 115.10 of this title. (3) For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, VOC emissions from each bakery with a bakery oven vent gas stream(s) affected by ' 115.121(a)(3) of this title shall be reduced as follows. (A) Each bakery in the Houston/Galveston area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year shall ensure that the overall emissi on reduction from the uncontrolled VOC emission rate of the oven(s) is at least 80%. (B) Each bakery in the Dallas/Fort Worth area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 50 tons per calendar year, shall ensure that the overall emissi on reduction from the uncontrolled VOC emission rate of the oven(s) is at least 80%. (C) Each bakery in the Dallas/Fort Worth area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year, but less than 50 tons per calendar year , shall reduce total VOC emissions by at least 30% from the bakery's 1990 emissions inventory in accordance with the schedule specified in ' 115.129(d) of this title (relating to Counties and Compliance Schedules). (D) Each bakery in the El Paso area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, e qual to or greater than 25 tons per calendar year shall reduce total VOC emissions by at least 30% from the bakery's 1990 emissions inventory in accordance with the schedule specified in ' 115.129(e) of this title. (E) Emission reductions in the 30% to 90% range are not creditable under Chapter 101, Subchapter H, Division 1 of this title (relating to Emission Credit Banking and Trading) for the following bakeries: (i) each bakery in the Houston/Galveston area with a total weight ofTexas Commission on Environmental Quality Page 25 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year; (ii) each bakery in the Dallas/Fort Worth area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 50 tons per calendar year; (iii) each bakery in the El Paso area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 50 tons per calendar year. (4) Any vent gas stream that becomes subject to the provisions of paragraphs (1), (2), or (3) of this subsection by exceeding provisions of ' 115.127(a) of this title (relating to Exemptions) shall remain subject to the provisions of this subsection, even if throughput or emissions later fall below the exemption limits unless and until emissions are re duced to no more than the controlled emissions level existing before implementation of the project by which throughput or emission rate was reduced to less than the applicable exemption limits in ' 115.127(a) of this title; and: (A) the project by which throughput or emission rate was reduced is authorized by any permit or permit amendment or standard permit or permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Permits by Rule). If a permit by rule is available for the project, compliance with this subsection must be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or (B) if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner or operator has given the executive director 30 days' notice of the project in writing. (b) For all persons in Nueces and Victoria Counties, any vent gas streams affected by ' 115.121(b) of this title must be controlled properly with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices): (1) in a direct-flame incinerator at a temper ature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius); (2) in a smokeless flare; or (3) by any other vapor control system, as defined in ' 115.10 of this title. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following control requirements shall apply

.Texas Commission on Environmental Quality Page 26 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) Any vent gas streams affected by ' 115.121(c)(1) of this title must be controlled properly: (A) in a direct-flame incinerator at a te mperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius); (B) in a smokeless flare; or (C) by any other vapor control system, as defined in ' 115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices). (2) Any vent gas streams affected by ' 115.121(c)(2) of this title must be controlled properly: (A) in a direct-flame incinerator or boile r at a temperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius); or (B) by any other vapor control system, as defined in ' 115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices). (3) Any vent gas streams affected by ' 115.121(c)(3) of this title must be controlled properly: (A) at a temperature equal to or gr eater than 1,300 degrees Fahrenheit (704 degrees Celsius) in an afterburner having a retenti on time of at least one-fourth of a second, and having a steady flame that is not affected by the cupola ch arge and relights automatically if extinguished; or (B) by any other vapor control system, as defined in ' 115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices). (4) Any vent gas streams affected by ' 115.121(c)(4) of this title must be controlled properly: (A) in a smokeless flare or in a combustion device used in a heating process associated with the operation of a blast furnace; or (B) by any other vapor control system, as defined in ' 115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices). Adopted December 13, 2002 Effective January 17, 2003Texas Commission on Environmental Quality Page 27 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

' 115.123. Alternate Control Requirements. (a) The alternate control requirements for ve nt gas streams in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas are as follows. (1) Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteri a in this division (relating to Vent Gas Control) may be approved by the executive director in accordance with ' 115.910 of this title (relating to Availability of Alternate Means of Control) if emi ssion reductions are demonstrated to be substantially equivalent. (2) The owner or operator of a synthetic organic chemical manufacturing industry (SOCMI) reactor process or distillation operation in which vent gas stream emissions are controlled by a control device with a control efficiency of at least 90% which was installed before December 3, 1993 may request an alternate reasonably available control technology (ARACT) determination. The executive director may approve the ARACT if it is determined to be economically unreasonable to replace the control device with a new control device meeting the requirements of ' 115.122(a)(2) of this title (relating to Control Requirements). Each ARACT approved by the executive director shall include a requirement that the control device be operated atits maximum efficiency. Each ARACT shall only be valid until the control device undergoes a replacement, a modification as defined in 40 Code of Federal Regulations (CFR) ' 60.14 (October 17, 2000), or a reconstruction as defined in 40 CFR ' 60.15 (December 16, 1975), at which time the replacement, modified, or reconstructed control device shall meet the requirements of ' 115.122(a)(2) of this title. Any request for an ARACT determination shall be submitted to the executive director in writing no later than May 31, 1994. The executive director may direct the holder of an ARACT to reappl y for an ARACT if it is more than ten years since the date of installation of the control device and there is good cause to believe that it is now economically reasonable to meet the requirements of ' 115.122(a)(2) of this title. Within three months of an executive director request, the holder of an ARACT shall reapply for an ARACT. If the reapplication for an ARACT is denied, the holde r of the ARACT shall meet the requirements of ' 115.122(a)(2) of this title as soon as practicable, but no later than two years from the date of the executive director's written notification of denial. (b) For all persons in Nueces and Victoria Counties, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division may be approved by the executive director in accordance with ' 115.910 of this title if emission reductions are demonstrated to be substantially equivalent. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this divi sion may be approved by the executive director in accordance with ' 115.910 of this title if emission reductions are demonstrated to be substantially equivalent.Texas Commission on Environmental Quality Page 28 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Adopted December 13, 2002 Effective January 17, 2003 ' 115.125. Testing Requirements. Compliance with the emission specifications, va por control system efficiency, and certain control requirements and exemption criteria of '' 115.121 - 115.123 and 115.127 of this title (relating to Emission Specifications; Control Requirements; A lternate Control Requirements; and Exemptions) shall be determined by applying one or more of the following test methods and procedures, as appropriate, when specifically required within this division (relating to Vent Gas Control), when required by the executive director under ' 101.8 of this title (relating to Sampling), or when the owner or operator elects to conduct testing of one or more vent gas streams. (1) Flow rate. Test Methods 1-4 (40 Code of Federal Regulations (CFR) 60, Appendix A) are used for determining flow rates, as necessary. (2) Concentration of volatile organic compounds (VOC). (A) Test Method 18 (40 CFR 60, Appendix A) is used for determining gaseous organic compound emissions by gas chromatography. (B) Test Method 25 (40 CFR 60, Appendix A) is used for determining total gaseous nonmethane organic emissions as carbon. (C) Test Methods 25A or 25B (40 CFR 60, Appendix A) are used for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis. (3) Performance requirements for flares and vapor combustors. (A) For flares, Test Method 22 (40 CFR 60, Appendix A) is used for visual determination of fugitive emissions frommaterial sources and smoke emissions. (B) For flares, additional test method requirements are described in 40 CFR 60.18(f), unless EPA or the executive director has gran ted a waiver from such testing requirements. (C) Flares in the Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston areas shall comply with the performance test requirements of 40 CFR 60.18(b), unless EPA or the executive director has grante d a waiver from such testing requirements. (D) For vapor combustors, the owner or operator may consider the unit to be a flare. Each vapor combustor in Victoria County a nd the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas which the owner or operator elected to consider as a flare shall meet the performance test requirements of 40 CFR 60. 18(b) in lieu of any testing under paragraphs (1) and (2) of this section.Texas Commission on Environmental Quality Page 29 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(E) Compliance with the requirements of 40 CFR 60.18(b) will be considered to demonstrate compliance with the emission specifi cations and control efficiency requirements of ' 115.121 and ' 115.122 of this title. (4) Minor modifications. Minor modifications to these test methods may be used, if approved by the executive director. (5) Alternate test methods. Test methods other than those specified in paragraphs (1) - (3) of this section may be used if validated by 40 CFR 63, Appendix A, Test Method 301 (effective December 29, 1992). For the purposes of this paragraph, substitute A executive director @ each place that Test Method 301 references A administrator. @ Adopted December 6, 2000 Effective January 18, 2001 ' 115.126. Monitoring and Recordkeeping Requirements. The owner or operator of any facility which emits volatile organic compounds (VOC) through a stationary vent in Aransas, Bexar, Calhoun, Ma tagorda, Nueces, San Patricio, Travis, and Victoria Counties or in the Beaumont/Port Arthur, Dallas/Fo rt Worth, El Paso, and Houston/Galveston areas shall maintain the following information at the facility for at least five years, except that the five-year record retention requirement does not apply to records generated before December 31, 2000. The owner or operator shall make the information available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area. (1) Vapor control systems. For vapor control systems used to control emissions in Victoria County and in the Beaumont/Port Arthur, Da llas/Fort Worth, El Paso, and Houston/Galveston areas from vents subject to the provisions of ' 115.121 of this title (relating to Emission Specifications), records of appropriate parameters to demonstrate compliance, including: (A) continuous monitoring and recording of: (i) the exhaust gas temperature immediately downstream of a direct-flame incinerator; (ii) the inlet and outlet gas temperatures of a catalytic incinerator or chiller; (iii) the exhaust gas VOC concentration of any carbon adsorption system, as defined in ' 101.1 of this title (relating to Definitions); and (iv) the exhaust gas temperature immediately downstream of a vapor combustor. Alternatively, the owner or operator of a vapor combustor may consider the unit to be a flare and meet the requirements specified in 40 Code of Federal Regulations (CFR) ' 60.18(b) andTexas Commission on Environmental Quality Page 30 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Chapter 111 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter) for flares; (B) in the Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston areas, the requirements specified in 40 CFR ' 60.18(b) and Chapter 111 of this title for flares; and (C) for vapor control systems other than those specified in subparagraphs (A) and (B) of this paragraph, records of appropriate operating parameters. (2) Test results. A record of the results of any testing conducted in accordance with ' 115.125 of this title (relating to Testing Requirements). (3) Records for exempted vents. Reco rds for each vent exempted from control requirements in accordance with ' 115.127 of this title (relating to Exemptions) shall be sufficient to demonstrate compliance with the applicable exemp tion limit, including the following, as appropriate: (A) the pounds of ethylene emitted per 1,000 pounds of low-density polyethylene produced; (B) the combined weight of VOC of each vent gas stream on a daily basis; (C) the concentration of VOC in each vent gas stream on a daily basis; (D) the maximum design flow rate or VOC concentration of each vent gas stream exempt under ' 115.127(a)(4)(C) of this title; and (E) the total design capacity of process units exempt under ' 115.127(a)(4)(B) of this title. (4) Alternative records for exempted vents. As an alternative to the requirements of paragraph (3)(B) and (C) of this section, records fo r each vent exempted from control requirements in accordance with ' 115.127 of this title and having a VOC emission rate or concentration less than the applicable exemption limits at maximum actual operating conditions shall be sufficient to demonstrate continuous compliance with the applicable exemption limit. These records shall include complete information from either test results or appropria te calculations which clearly documents that the emission characteristics at maximum actual operating c onditions are less than the applicable exemption limit. This documentation shall include the operating parameter levels that occurred during any testing, and the maximum levels feasible (either VOC con centration or mass emission rate) for the process. (5) Bakeries. For bakeries subject to ' 115.122(a)(3)(A) - (B) of this title (relating to Control Requirements), the following additional requirements apply. (A) The owner or operator of each bakery in the Houston/Galveston area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to orTexas Commission on Environmental Quality Page 31 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

greater than 25 tons per calendar year, shall submit a control plan no later than March 31, 2001, to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction. The plan shall demonstrate that the overall emission reduction from the uncontrolled VOC emission rate of the oven(s) will be at least 80% by December 31, 2001. At a minimum, the control plan shall include the emission point number (EPN) and the facility identification number (FIN) of each bakery oven and any associated control device, a plotplan showing the location, EPN, and FIN of each bakery oven and any associated control device, a nd the 2000 VOC emission rates (consistent with the bakery's 2000 emissions inventory). The projected2002 VOC emission rates shall be calculated in a manner consistent with the 2000 emissions inventory. (B) All representations in control plans become enforceable conditions. It shall be unlawful for any person to vary from such representations if the variation will cause a change in the identity of the specific emission sources being controlled or the method of control of emissions unless the owner or operator of the bakery submits a revised control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction within 30 days of the change. All control plans shall include documentation that the overall emission reduction from the uncontrolled VOC emission rate of the bakery's oven(s) continues to be at least the specified percentage reduction. The emission rates shall be calculated in a manner consistent with the most recent emissions inventory. (6) Bakeries (contingency measures). For bakeries subject to ' 115.122(a)(3)(C) and (D) of this title, the following additional requirements apply. (A) No later than six months after the commission publishes notification in the Texas Register as specified in ' 115.129(d) or (e) of this title (relating to Counties and Compliance Schedules), the owner or operator of each bakery shall submit an initial control plan to the executive director, the appropriate regional office, and any lo cal air pollution control program with jurisdiction which demonstrates that the overall reduction of VOC emissions from the bakery's 1990 emissions inventory will be at least 30%. At a minimum, th e control plan shall include the EPN and the FIN of each bakery oven and any associated control device, a plot plan showing the location, EPN, and FIN of each bakery oven and any associated control device, and the 1990 VOC emission rates (consistent with the bakery's 1990 emissions inventory). The project ed VOC emission rates shall be calculated in a manner consistent with the 1990 emissions inventory. (B) In order to document continued compliance with ' 115.122(a)(3) of this title, the owner or operator of each bakery shall submit an annual report no later than March 31 of each year to the executive director, the appropriate re gional office, and any local air pollution control program with jurisdiction which demonstrates thatthe overall reduction of VOC emissions from the bakery's 1990 emissions inventory during the preceding calendar year is at least 30%. At a minimum, the report shall include the EPN and FIN of each bakery oven and any associated control device, a plot plan showing the location, EPN, and FIN of each ba kery oven and any associated control device, and the VOC emission rates. The emission rates for the proceeding calendar year shall be calculated in a manner consistent with the 1990 emissions inventory. (C) All representations in control plans and annual reports become enforceableTexas Commission on Environmental Quality Page 32 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

conditions. It shall be unlawful for any person to vary from such representations if the variation will cause a change in the identity of the specific emissi on sources being controlled or the method of control of emissions unless the owner or operator of the bake ry submits a revised control plan to the executive director, the appropriate regional office, and any lo cal air pollution control program with jurisdiction within 30 days of the change. All control plans and reports shall include documentation that the overall reduction of VOC emissions from the bakery's 1990 emi ssions inventory continues to be at least 30%. The emission rates shall be calculated in a manne r consistent with the 1990 emissions inventory. (7) Additional flare requirements. The owner or operator of a facility that uses a flare to meet the requirements of ' 115.122(a)(2) of this title shall install, calibrate, maintain, and operate according to the manufacturer's specifications, a heat-sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light to indicate continuous presence of a flame. Adopted December 13, 2002 Effective January 17, 2003 ' 115.127. Exemptions. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions apply. (1) A vent gas stream from a low-density polyethylene plant is exempt from the requirements of ' 115.121(a)(1) of this title (relating to Emission Specifications) if no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1,000 kg) of product are emitted from all the vent gas streams associated with the formation, ha ndling, and storage of solidified product. (2) The following vent gas streams are exempt from the requirements of ' 115.121(a)(1) of this title: (A) a vent gas stream having a combined weight of volatile organic compounds (VOC) equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period; (B) a vent gas stream specified in ' 115.121(a)(1) of this title with a concentration of VOC less than 612 parts per million by volume (ppmv); (C) a vent gas stream which is subject to ' 115.121(a)(2) or (3) of this title; and (D) a vent gas stream which qualifies for exemption under paragraphs (3), (4)(B), (4)(C), (4)(D), (4)(E), or (5) of this subsection. (3) The following vent gas streams are exempt from the requirements of ' 115.121(a)(2)(B) - (E) of this title: (A) a vent gas stream having a combined weight of VOC equal to or less than 100 pounds (45.4 kilograms) in any continuous 24-hour period;Texas Commission on Environmental Quality Page 33 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(B) a vent gas stream from any ai r oxidation synthetic organic chemical manufacturing process with a concentration of VOC less than 612 ppmv; and (C) a vent gas stream from any liquid phase polypropylene manufacturing process, any liquid phase slurry high-density polyethylene manufacturing process, and any continuous polystyrene manufacturing process with a concentration of VOC less than 408 ppmv. (4) For synthetic organic chemical manuf acturing industry (SOCMI) reactor processes and distillation operations, the following exemptions apply. (A) Any reactor process or distillation operation that is designed and operated in a batch mode is exempt from the requirements of ' 115.121(a)(2)(A) of this title. For the purposes of this subparagraph, batch mode means any noncontinuous reactor process or distillation operation which is not characterized by steady-state conditions, and in which the addition of reactants does not occur simultaneously with the removal of products. (B) Any reactor process or distillation operation operating in a process unit with a total design capacity of less than 1,100 tons pe r year, for all chemicals produced within that unit, is exempt from the requirements of ' 115.121(a)(2)(A) of this title. (C) Any reactor process or distillation operation vent gas stream with a flow rate less than 0.011 standard cubic meters per minute or a VOC concentration less than 500 ppmv is exempt from the requirements of ' 115.121(a)(2)(A) of this title. (D) Any distillation operation vent gas st ream which meets the requirements of 40 Code of Federal Regulations (CFR) ' 60.660(c)(4) or ' 60.662(c) (concerning Subpart NNN--Standards of Performance for VOC Emissions From SOCMI Distillation Operations, December 14, 2000) is exempt from the requirements of ' 115.121(a)(2)(A) of this title. (E) Any reactor process vent gas stream which meets the requirements of 40 CFR ' 60.700(c)(2) or ' 60.702(c) (concerning Subpart RRR--Standards of Performance for VOC Emissions From SOCMI Reactor Processes, December 14, 2000) is exempt from the requirements of ' 115.121(a)(2)(A) of this title. (5) Bakeries are exempt from the requirements of ' 115.121(a)(3) and ' 115.122(a)(3) of this title (relating to Emission Specifications and Control Requirements) if the total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, is less than 25 tons per calendar year. (6) A vent gas stream is exempt from this division (relating to Vent Gas Control) if all of the VOCs in the vent gas stream originate from a source(s) for which another division within Chapter 115 (for example, Storage of Volatile Organic Compounds) has established a control requirement(s), emission specification(s), or exemption(s) which app lies to that VOC source category in that county.Texas Commission on Environmental Quality Page 34 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(7) A combustion unit exhaust stream is ex empt from this division provided that the unit is not being used as a control device for any ventgas stream which is subject to this division and which originates from a non-combustion source. (8) As an alternative to complying with the requirements of this division (or, in the case of bakeries, as an alternative to complying with the requirements of ' 115.121(a)(1) and ' 115.122(a)(1) of this title) for a source that is addressed by a Chapter 115 contingency rule (i.e., one in which Chapter 115 requirements are triggered for that source by the commission publishing notification in the Texas Register that implementation of the contingency rule is necessary), the owner or operator of that source may instead choose to comply with the requirements of the contingency rule as though the contingency rule already had been implem ented for that source. The owner or operator of each source choosing this option shall submit written notification to the executive director and any local air pollution control program with jurisdiction. When the executive director and the local program (if any) receive such notification, the source will then be considered subject to the contingency rule as though the contingency rule already had been implemented for that source. (b) For all persons in Nueces and Victoria Counties, the following exemptions apply. (1) A vent gas stream from a low-density polyethylene plant is exempt from the requirements of ' 115.121(b)(1) of this title if no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1,000 kg) of product are emitted from all the ve nt gas streams associated with the formation, handling, and storage of the solidified product. (2) The following vent gas streams are exempt from the requirements of ' 115.121(b) of this title: (A) a vent gas stream having a combined weight of the VOC or classes of compounds specified in ' 115.121(b)(2) and (3) of this title equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period; and (B) a vent gas stream with a concentration of the VOC or classes of compounds specified in ' 115.121(b)(2) and (3) of this title less than 30,000 ppmv. (3) A vent gas stream is exempt from this division if all of the VOCs in the vent gas stream originate from a source(s) for which anothe r division within Chapter 115 (for example, Storage of Volatile Organic Compounds) has established a c ontrol requirement(s), emission specification(s), or exemption(s) which applies to that VOC source category in that county. (4) A combustion unit exhaust stream is ex empt from this division provided that the unit is not being used as a control device for any ventgas stream which is subject to this division and which originates from a non-combustion source. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following exemptions apply.Texas Commission on Environmental Quality Page 35 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) The following vent gas streams are exempt from the requirements of ' 115.121(c)(1) of this title: (A) a vent gas stream from a low-de nsity polyethylene plant provided that no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1,000 kg) of product are emitted from all the vent gas streams associated with the forma tion, handling, and storage of solidified product; (B) a vent gas stream having a combined weight of the VOC or classes of compounds specified in ' 115.121(c)(1)(B) - (C) of this title equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period; and (C) a vent gas stream having a concentration of the VOC specified in ' 115.121(c)(1)(B) and (C) of this title less than 30,000 ppmv. (2) A vent gas stream specified in ' 115.121(c)(2) of this title which emits less than or equal to five tons (4,536 kg) of total uncontrolled VOC in any one calendar year is exempt from the requirements of ' 115.121(c)(2) of this title. (3) A vent gas stream is exempt from this division if all of the VOCs in the vent gas stream originate from a source(s) for which anothe r division within Chapter 115 (for example, Storage of Volatile Organic Compounds) has established a c ontrol requirement(s), emission specification(s), or exemption(s) which applies to that VOC source category in that county. (4) A combustion unit exhaust stream is ex empt from this division provided that the unit is not being used as a control device for any ventgas stream which is subject to this division and which originates from a non-combustion source. Adopted December 13, 2002 Effective January 17, 2003 ' 115.129. Counties and Compliance Schedules. (a) The owner or operator of each vent gas st ream in Aransas, Bexar, Brazoria, Calhoun, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Matagorda, Montgomery, Nueces, Orange, San Patr icio, Tarrant, Travis, Victoria, and Waller Counties shall continue to comply with this divi sion (relating to Vent Gas Control) as required by ' 115.930 of this title (relating to Compliance Dates). (b) The owner or operator of each bakery in Collin, Dallas, Denton, and Tarrant Counties subject to ' 115.122(a)(3)(C) of this title (relating to Control Requirements) shall comply with '' 115.121(a)(3), 115.122(a)(3)(C), and 115.126(6) of this title (relating to Emission Specifications; Control Requirements; and Monitoring and Recordkeep ing Requirements) as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the national ambientTexas Commission on Environmental Quality Page 36 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

air quality standard (NAAQS) for ozone by the attainment deadline or failure to demonstrate reasonable further progress as set forth in Federal Clean Air Act (FCAA), ' 172(c)(9). (c) The owner or operator of each bakery in El Paso County subject to ' 115.122(a)(3)(D) of this title shall comply with '' 115.121(a)(3), 115.122(a)(3)(D), and 115.126(6) of this title as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the NAAQS for ozone by the attainment deadline or failure to dem onstrate reasonable further progress as set forth in FCAA, ' 172(c)(9). (d) The owner or operator of each vent gas stream in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply with this division as soon as practicable, but no later than March 1, 2009. Adopted November 15, 2006 Effective December 7, 2006 SUBCHAPTER B: GENERAL VOLATILE ORGANIC COMPOUND SOURCES DIVISION 3: WATER SEPARATION '' 115.131 - 115.133, 115.135 - 115.137, 115.139 Effective December 7, 2006

' 115.131. Emission Specifications. (a) For all persons in the Beaumont/Port Arthur , Dallas/ Fort Worth, El Paso, and Houston/ Galveston areas as defined in ' 115.10 of this title (relating to Definitions), any volatile organic compound (VOC) water separator equipped with a vapor recovery system in order to comply with ' 115.132(a) of this title (relating to Control Requireme nts) shall reduce emissions such that the true partial pressure of the VOC in vent gases to the atmosphere will not exceed a level of 0.5 psia (3.4 kPa). (b) For all persons in Gregg, Nueces, and Victoria Counties, any VOC water separator equipped with a vapor recovery system in order to comply with ' 115.132(b) of this title shall reduce emissions such that the partial pressure of the VOC in vent gases to the atmosphere will not exceed a level of 1.5 psia (10.3 kPa). (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, any VOC water separator equipped with a vapor recovery system in order to comply with ' 115.132(c) of this title shall reduce emissions such that the true partial pressure of the VOC in vent gases to the atmosphere will not exceed a level of 1.5 psia (10.3 kPa). Adopted October 25, 1995 Effective November 20, 1995 ' 115.132. Control Requirements.Texas Commission on Environmental Quality Page 37 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, no person shall use any single or multiple compartment volatile organic compound (VOC) water separator which separates materials containing VOC obtained from any equipment which is processing, refining, treating, storing, or handling VOC, unless each compartment is controlled in one of the following ways: (1) the compartment totally encloses the liquid contents and has all openings (such as roof seals and access doors) sealed such that the separator can hold a vacuum or pressure without emissions to the atmosphere, except through a pressure relief valve. All gauging and sampling devices shall be vapor-tight except during gauging or sampling. The pressure relief valve must be designed to open only as necessary to allow proper operation, and must be set at the maximum possible pressure necessary for proper operation, but such that the valve will not vent continuously; (2) the compartment is equipped with a floating roof or internal floating cover which will rest on the surface of the contents and be equippe d with a closure seal or seals to close the space between the roof edge and tank wall. All gauging and sampling devices shall be vapor-tight except during gauging or sampling; (3) the compartment is equipped with a vapor recovery system which satisfies the provisions of ' 115.131(a) of this title (relating to Emission Specifications); (4) any water separator that becomes subject to the provisions of paragraphs (1), (2), or (3) of this subsection by exceeding provisions of ' 115.137(a) of this title (relating to Exemptions) will remain subject to the provisions of this subsec tion, even if throughput or emissions later fall below the exemption limits unless and until emissions are re duced to no more than the controlled emissions level existing before implementation of the project by which throughput or emission rate was reduced to less than the applicable exemption limits in ' 115.137(a) of this title; and (A) the project by which throughput or emission rate was reduced is authorized by any permit or permit amendment or standard permit or permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Permits by Rule. If a permit by rule is available for the project, compliance with this subsection must be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or (B) if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner/operator has given the executive director 30 days' notice of the project in writing. (b) For Gregg, Nueces, and Victoria Counties, no person shall use any single or multiple compartment VOC water separator which separates materials containing VOC obtained from any equipment which is processing, refining, treating, storing, or handling VOC, unless each compartment is controlled in one of the following ways:Texas Commission on Environmental Quality Page 38 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) the compartment totally encloses the liquid contents and has all openings (such as roof seals and access doors) sealed such that the separator can hold a vacuum or pressure without emissions to the atmosphere, except through a pressure relief valve. All gauging and sampling devices shall be vapor-tight except during gauging or sampling. The pressure relief valve must be designed to open only as necessary to allow proper operation, and must be set at the maximum possible pressure necessary for proper operation, but such that the valve will not vent continuously; (2) the compartment is equipped with a floating roof or internal floating cover which will rest on the surface of the contents and be equippe d with a closure seal or seals to close the space between the roof or cover edge and tank wall. All gauging and sampling devices shall be vapor-tight, except during gauging or sampling; (3) the compartment is equipped with a vapor recovery system which satisfies the provisions of ' 115.131(b) of this title. (c) For Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, no person shall use any single or multiple compartment VOC water separator which separates materials containing VOC obtained from any equipment which is processing, refining, treating, storing, or handling VOC, unless each compartment is controlled in one of the following ways: (1) the compartment totally encloses the liquid contents and has all openings (such as roof seals and access doors) sealed such that the separator can hold a vacuum or pressure without emissions to the atmosphere, except through a pressure relief valve. All gauging and sampling devices shall be vapor-tight except during gauging or sampling. The pressure relief valve must be designed to open only as necessary to allow proper operation, and must be set at the maximum possible pressure necessary for proper operation, but such that the valve will not vent continuously; (2) the compartment is equipped with a floating roof or internal floating cover which will rest on the surface of the contents and be equippe d with a closure seal or seals to close the space between the roof or cover edge and tank wall. All gauging and sampling devices shall be vapor-tight except during gauging or sampling; (3) the compartment is equipped with a vapor recovery system which satisfies the provisions of ' 115.131(c) of this title. Adopted April 26, 2002 Effective May 16, 2002 ' 115.133. Alternate Control Requirements. Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Water Separation) may be approved by the executive director in accordance with ' 115.910 of this title (relating to Alternate Means of Control) if emission reductions are de monstrated to be substantially equivalent.Texas Commission on Environmental Quality Page 39 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Adopted April 26, 2002 Effective May 16, 2002 ' 115.135. Testing Requirements. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, compliance with ' 115.131(a), ' 115.132(a), and ' 115.137 of this title (relating to Emission Specifications; Control Requirements; and Exempti ons) shall be determined by applying the following test methods, as appropriate: (1) Test Methods 1-4 (40 Code of Fede ral Regulations (CFR) 60, Appendix A) for determining flow rate, as necessary; (2) Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (4) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ioniza tion or nondispersive infrared analysis; (5) determination of true vapor pressure at actual storage temperature using American Society for Testing Materials (ASTM) Test Me thods D323, D2879, D4953, D5190, or D5191; using API Publication 2517, Third Edition, 1989 or standardreference texts to convert from Reid vapor pressure to true vapor pressure, where applicable; (6) minor modifications to these test methods approved by the Executive Director. (b) For Gregg, Nueces, and Victoria Counties, compliance with ' 115.131(b), ' 115.132(b), and ' 115.137(b) of this title shall be determined by applying the following test methods, as appropriate: (1) Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rate, as necessary; (2) Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (4) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ioniza tion or nondispersive infrared analysis;Texas Commission on Environmental Quality Page 40 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(5) determination of true vapor pressure at actual storage temperature using ASTM Test Methods D323, D2879, D4953, D5190, or D5191; and using API Publication 2517, Third Edition, 1989 or standard reference texts to convert fr om Reid vapor pressure to true vapor pressure, where applicable; or (6) minor modifications to these test methods approved by the Executive Director. Adopted October 25, 1995 Effective November 20, 1995 ' 115.136. Monitoring and Recordkeeping Requirements. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following recordkeeping requirements shall apply. (1) Any person who operates a single or multiple compartment volatile organic compound (VOC) water separator without the controls specified in ' 115.132(a) of this title (relating to Control Requirements) shall maintain complete and up-to-date records sufficient to demonstrate continuous compliance with the applicable exemption criteria including, but not limited to, the names and true vapor pressures of all such materials stored, processed, or handled at the affected property, and any other necessary operational information. (2) Affected persons shall install and maintain monitors to continuously measure and record operational parameters of any emission cont rol device installed to meet applicable control requirements. Such records must be sufficient to demonstrate proper functioning of those devices to design specifications, including: (A) the exhaust gas temperature imme diately downstream of any direct-flame incinerator; (B) the gas temperature immediately upstream and downstream of any catalytic incinerator or chiller; and (C) the VOC concentration of any carbon adsorption system exhaust gas to determine if breakthrough has occurred. (3) Affected persons shall maintain the results of any testing conducted in accordance with the provisions specified in ' 115.135(a) of this title (relating to Testing Requirements). (4) All records shall be maintained at the a ffected facility for at least two years and be made available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area. (b) For Gregg, Nueces, and Victoria Counties, the following recordkeeping requirements shall apply.Texas Commission on Environmental Quality Page 41 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) Any person who operates a single or multiple compartment VOC water separator without the controls specified in ' 115.132(b) of this title shall maintain complete and up-to-date records sufficient to demonstrate continuous compliance withthe applicable exemption criteria including, but not limited to, the names and true vapor pressures of a ll such materials stored, processed, or handled at the affected property, and any other necessary operational information. (2) In Victoria County, affected persons shall install and maintain monitors to continuously measure and record operational paramete rs of any emission control device installed to meet applicable control requirements. Such records must be sufficient to demonstrate proper functioning of those devices to design specifications, including: (A) the exhaust gas temperature imme diately downstream of any direct-flame incinerator; (B) the gas temperature immediately upstream and downstream of any catalytic incinerator or chiller; and (C) the exhaust gas VOC concentration of any carbon adsorption system, as defined in ' 115.10 of this title (relating to Definitions), to determine if breakthrough has occurred. (3) Affected persons shall maintain the results of any testing conducted in accordance with the provisions specified in ' 115.135(b) of this title. (4) All records shall be maintained at the a ffected facility for at least two years and be made available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area. Adopted April 26, 2002 Effective May 16, 2002 ' 115.137. Exemptions. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions shall apply. (1) Any volatile organic compound (VOC) water separator used exclusively in conjunction with the production of crude oil or condensate is exempt from ' 115.132(a) of this title (relating to Control Requirements) if the emissions from the separator have a combined weight of VOC equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period. When emissions from multiple sources (including, but not limited to, VOC water separators, treaters, storage tanks, and saltwater disposal tanks) are routed through a co mmon vent, the calculation of VOC emissions for purposes of this exemption shall be based upon the tota l of all emission sources which are routed to the common vent. It is unacceptable to disconnect any of the multiple sources routed through a common vent for purposes of complying with this exemption.Texas Commission on Environmental Quality Page 42 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(2) Any single or multiple compartment VOC water separator which separates materials having a true vapor pressure of VOC less than 0.5 pounds per square inch absolute (psia) (3.4 kPa) obtained from any equipment is exempt from ' 115.132(a) of this title. (3) Any single or multiple compartment VOC water separator which is designed solely to capture stormwater, spills, or exterior surface cleanup waters is exempt from this division (relating to Water Separation), provided that the separator is fully covered. These separators are not required to be equipped with pressure/vacuum vents or vapor control systems. (b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall apply. (1) VOC water separators used exclusively in conjunction with the production of crude oil or condensate are exempt from ' 115.132(b) of this title. (2) Any single or multiple compartment VOC water separator which separates less than 200 gallons (757 liters) a day of materials containing VOC obtained from any equipment is exempt from ' 115.132(b) of this title. (3) Any single or multiple compartment VOC water separator which separates materials having a true vapor pressure of VOC le ss than 1.5 psia (10.3 kPa) obtained from any equipment is exempt from ' 115.132(b) of this title. (4) In Gregg County, any single or multiple compartment VOC water separator which separates materials obtained from any equipment in a facility other than a petroleum refinery is exempt from ' 115.132(b) of this title. (5) Any single or multiple compartment VOC water separator which is designed solely to capture stormwater, spills, or exterior surface clea nup waters is exempt from this division, provided that the separator is fully covered. These separators are not required to be equipped with pressure/vacuum vents or vapor control systems. (c) For Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following exemptions shall apply. (1) VOC water separators used exclusively in conjunction with the production of crude oil or condensate are exempt from ' 115.132(c) of this title. (2) Any single or multiple compartment VOC water separator which separates less than 200 gallons (757 liters) a day of materials containing VOC obtained from any equipment is exempt from ' 115.132(c) of this title.Texas Commission on Environmental Quality Page 43 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(3) Any single or multiple compartment VOC water separator which separates materials having a true vapor pressure of VOC le ss than 1.5 psia (10.3 kPa) obtained from any equipment is exempt from ' 115.132(c) of this title. (4) Any single or multiple compartment VOC water separator which is designed solely to capture stormwater, spills, or exterior surface clea nup waters is exempt from this division, provided that the separator is fully covered. These separators are not required to be equipped with pressure/vacuum vents or vapor control systems. Adopted April 26, 2002 Effective May 16, 2002 ' 115.139. Counties and Compliance Schedules. (a) The owner or operator of each volatile organic compound (VOC) water separator in Aransas, Bexar, Brazoria, Calhoun, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty, Matagorda, Montgomery, Nueces, Orange, San Patricio, Tarrant, Travis, Victoria, and Waller Counties shall continue to comply with this division (relating to Water Separation) as required by ' 115.930 of this title (relating to Compliance Dates). (b) The owner or operator of each VOC water separator in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply with this division as soon as practicable, but no later than March 1, 2009. Adopted November 15, 2006 Effective December 7, 2006Texas Commission on Environmental Quality Page 44 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER B: GENERAL VOLATILE ORGANIC COMPOUND SOURCES DIVISION 4: INDUSTRIAL WASTEWATER '' 115.140, 115.142 - 115.149 Effective December 7, 2006

' 115.140. Industrial Wastewater Definitions. The following terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise. Additional defi nitions for terms used in this division are found in '' 115.10, 101.1, and 3.2 of this title (relating to Definitions). (1) Affected source category- Any of the following source categories: (A) organic chemicals, plastics, and synthetic fibers manufacturing industry under Standard Industrial Classification (SIC) codes 2821, 2823, 2824, 2865, and 2869; (B) pesticides manufacturing industry under SIC code 2879; (C) petroleum refining industry under SIC code 2911; (D) pharmaceutical manufacturing i ndustry under SIC codes 2833, 2834, and 2836; (E) hazardous waste treatment, storage, and disposal facilities industry under SIC codes 4952, 4953, and 4959. (2) Affected volatile organic compound (VOC) wastewater stream - A VOC wastewater stream from an affected source category with either a VOC concentration greater than or equal to 10,000 parts per million by weight (ppmw) or a VOC concentration greater than or equal to 1,000 ppmw and a flow rate greater than or equal to 10 liters per minute (2.64 gallons per minute), as determined in accordance with ' 115.148 of this title (relating to Determination of Wastewater Characteristics). (3) Plant- All facilities included within the same commission account number. (4) Point of generation- The location where a VOC wastewater stream exits a process unit. (5) Properly operated biotreatment unit- A suspended growth process that generates biomass and recycles biomass to maintain biomass c oncentrations in the treatment unit. The average concentration of suspended biomass maintained in th e aeration basin of a properly operated biotreatment unit shall equal or exceed 1.0 kilogram per cubic meter (kg/m 3 ), measured as total suspended solids.Texas Commission on Environmental Quality Page 45 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(6) Volatile organic compounds (VOC) wastewater- Water which, as part of a facility process, has come into contact with VOC a nd is intended for treatment, disposal, or discharge without further use in the process unit. (7) Water seal controls - A seal pot, p-leg trap, or other type of trap filled with water (e.g., flooded sewers that maintain water levels ade quate to prevent air flow through the system) that creates a water barrier between the water level of the seal and the atmosphere. The water level of the seal must be maintained in the vertical leg of a drain in order to be considered a water seal. (8) Wet weather retention basin- An impoundment or tank that is used to store rainfall runoff that would exceed the capacity of the wastewater treatment system until it can be returned to the wastewater treatment system or, if the water meets the applicable discharge limits, discharged without treatment. These units may also be used to store wastewater during periods when the wastewater treatment system is shut down for maintenance or emergencies. Adopted April 26, 2002 Effective May 16, 2002 ' 115.142. Control Requirements. The owner or operator of an affected source category within a plant in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, as defined in ' 115.10 of this title (relating to Definitions), shall comply with the fo llowing control requirements. Any component of a wastewater storage, handling, transfer, or treatmentfacility, if the component contains an affected volatile organic compounds (VOC) wastewater stream , shall be controlled in accordance with either paragraph (1) or (2) of this section, except for prope rly operated biotreatment units which shall meet the requirements of paragraph (3) of this section. In the Dallas/Fort Worth and El Paso areas, and until December 31, 2002 in the Houston/Galveston area, th e control requirements apply from the point of generation of an affected VOC wastewater stream until the affected VOC wastewater stream is either returned to a process unit or is treated to remove VOC so that the wastewater stream no longer meets the definition of an affected VOC wastewater str eam. In the Beaumont/Port Arthur area, and after December 31, 2002 in the Houston/Galveston area, th e control requirements apply from the point of generation of an affected VOC wastewater stream until the affected VOC wastewater stream is either returned to a process unit, or is treated to redu ce the VOC content of the wastewater stream by 90% by weight and also reduce the VOC content of the same VOC wastewater stream to less than 1,000 parts per million by weight. For wastewater streams whic h are combined and then treated to remove VOC, the amount of VOC to be removed from the combinedwastewater stream shall be at least the total amount of VOC that would be removed to treat each i ndividual affected VOC wastewater stream so that they no longer meet the definition of affected VOC wastewater stream, except for properly operated biotreatment units which shall meet the requirements of paragraph (3) of this section. For this division, a component of a wastewater storage, handling, tran sfer, or treatment facility shall include, but is not limited to, wastewater storage tanks, surface impoundm ents, wastewater drains, junction boxes, lift stations, weirs, and oil-water separators. (1) The wastewater component shall meet the following requirements.Texas Commission on Environmental Quality Page 46 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(A) All components shall be fully covered or be equipped with water seal controls. For any component equipped with water seal controls, the only acceptable alternative to water as the sealing liquid in a water seal is the use of ethylene glycol, propylene glycol, or other low vapor pressure antifreeze, which may be used only during the period of November through February. For any process drain not equipped with water seal controls, the process drain shall be equipped with a gasketed seal, or a tightly-fitting cap or plug. (B) All openings shall be closed and sealed, except when the opening is in actual use for its intended purpose or the component is maintained at a pressure less than atmospheric pressure. (C) All liquid contents shall be totally enclosed. (D) For junction boxes and vented covers, the following requirements apply. (i) In the Dallas/Fort Worth and El Paso areas, and until December 31, 2002 in the Houston/Galveston area, if any cover, other than a junction box cover, is equipped with a vent, the vent shall be equipped with either a vaporcontrol system which maintains a minimum control efficiency of 90% or a closed system which prevents the flow of VOC vapors from the vent during normal operation. Any junction box vent shall be e quipped with a vent pipe at least 90 centimeters (cm) (36 inches (in.)) in length and no more than 10.2 cm (4.0 in.) in diameter. (ii) In the Beaumont/Port Arthur area, and after December 31, 2002 in the Houston/Galveston area, the following requirements apply. (I) If any cover or junction box cover, except for junction boxes described in subclause (II) of this clause, is equipped with a vent, the vent shall be equipped with either a vapor control system which maintains a mini mum control efficiency of 90% or a closed system which prevents the flow of VOC vapors from the vent during normal operation. (II) Any junction box that is filled and emptied by gravity flow (i.e., there is no pump) or is operated with no more than slight fluctuations in the liquid level may be vented to the atmosphere, provided it is equipped with: (-a-) a vent pipe at least 90 cm (36 in.) in length and no more than 10.2 cm (4.0 in.) in diameter; and (-b-) water seal controls which are installed and maintained at the wastewater entrance(s) to or exit from the junction box restricting ventilation in the individual drain system and between components in the individual drain system. (E) All gauging and sampling devices shall be vapor-tight except during gauging or sampling.Texas Commission on Environmental Quality Page 47 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(F) Any loading or unloading to or from a portable container by pumping shall be performed with a submerged fill pipe. (G) All seals and cover connections shall be maintained in proper condition. For purposes of this paragraph, "proper condition" m eans that covers shall have a tight seal around the edge and shall be kept in place except as allowed by this division, that seals shall not be broken or have gaps, and that sewer lines shall have no visible gaps or cracks in joints, seals, or other emission interfaces. (H) If any seal or cover connection is found to not be in proper condition, a first attempt at repair shall be made no later than five calendar days after the leak or improper condition is found. The repair or correction shall be completed as soon as possible but no later than 15 calendar days after detection, unless the repair or correction is technically infeasible without requiring a process unit shutdown, in which case the repair or correction sh all be made at the next process unit shutdown. Test Method 21 must be used to confirm that a leak or improper condition is repaired, and the following records shall be maintained: (i) the date on which a leak or improper condition is discovered; (ii) the date on which a first attempt at repair was made to correct the leak or improper condition; (iii) the date on which a leak or improper condition is repaired; and (iv) the date and instrument reading of the recheck procedure after a leak or improper condition is repaired. (2) If a wastewater component is equipped withan internal or external floating roof, it shall meet the following requirements. (A) All openings in an internal or external floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents shall provide a projection below the liquid surface or be equipped with a cover, seal, or lid. Any cover, seal, or lid shall be in a closed (i.e., no visible gap) position at all times except when the opening is in actual use for its intended purpose. (B) Automatic bleeder vents (vacuum breakervents) shall be closed at all times except when the roof is being floated off or landed on the roof leg supports. (C) Rim vents, if provided, shall be set to open only when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. (D) Any roof drain that empties into th e stored liquid shall be provided with a slotted membrane fabric cover that covers at least 90% of the area of the opening.Texas Commission on Environmental Quality Page 48 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(E) There shall be no visible holes, tears, or other openings in any seal or seal fabric. (F) For external floating roof storage tanks, the secondary seals shall be the rim-mounted type (i.e., the seal shall be continuous from the floating roof to the tank wall). The accumulated area of gaps that exceed 1/8 in. (0.32 cm) in width between the secondary seal and tank wall shall be no greater than 1.0 in. 2per foot (21 cm 2 /meter) of tank diameter. (3) In the Beaumont/Port Arthur area, and after December 31, 2002 in the Houston/Galveston area, each properly operated biotreatment unit shall meet the following requirements. (A) The VOC content of the wastewater shall be reduced by 90% by weight; and (B) The average concentration of suspe nded biomass maintained in the aeration basin of the biotreatment unit shall equal or exceed 1.0 kilogram per cubic meter (kg/m3), measured as total suspended solids. (4) Any wastewater component that become s subject to this division by exceeding the provisions of ' 115.147 of this title (relating to Exemptions) oran affected VOC wastewater stream as defined in ' 115.140 of this title (relating to Industrial Wastewater Definitions) will remain subject to the requirements of this division, even if the co mponent later falls below those provisions, unless and until emissions are reduced to no more than the controlled emissions level existing prior to the implementation of the project by which throughput or emission rate was reduced to less than the applicable exemption levels in ' 115.147 of this title; and (A) the project by which throughput or emission rate was reduced is authorized by any permit or permit amendment or standard permit or permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Permits by Rule). If a permit by rule is available for the project, compliance with this division must be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or (B) if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner or operator has given the executive director 30 days' notice of the project in writing. Adopted December 13, 2002 Effective January 17, 2003 ' 115.143. Alternate Control Requirements. (a) Alternate means of control. Altern ate methods of demonstrating and documentingTexas Commission on Environmental Quality Page 49 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Industrial Wastewater) may be appr oved by the executive director in accordance with ' 115.910 of this title (relating to Availability of Alte rnate Means of Control) if emission reductions are demonstrated to be substantially equivalent. (b) 90% overall control option. As an alternative to the control requirements of ' 115.142 of this title (relating to Control Requirements), the owne r or operator of a wastewater storage, handling, transfer, or treatment facility may elect to ensure that the overall control of volatile organic compounds (VOC) emissions at the account from wastewater from affected source categories is at least 90% less than the 1990 baseline emissions inventory, provi ded that the following requirements are met. (1) To qualify for the control option available under this subsection after December 31, 1996, the owner or operator of a wastewater compone nt for which a control plan was not previously submitted shall submit a control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction which demonstrates that the overall control of VOC emissions at the account from wastewater from affected source categories will be at least 90% less than the 1990 baseline emissions inventory. Any contro l plan submitted after December 31, 1996, must be approved by the executive director before the owner or operator may use the control option available under this subsection for compliance. At a minimum, the control plan shall include the applicable emission point number (EPN); the facility identifi cation number (FIN); the calendar year 1990 emission rates of wastewater from affected source categorie s (consistent with the 1990 emissions inventory); a plot plan showing the location, EPN, and FIN associated with a wastewater storage, handling, transfer, or treatment facility; the VOC emission rates for the preceding calendar year; and an explanation of the recordkeeping procedure and calculations which will be used to demonstrate compliance. The VOC emission rates shall be calculated in a manner consistent with the 1990 emissions inventory. (2) The owner or operator shall submit an annual report no later than March 31 of each year to the executive director, the appropriate re gional office, and any local air pollution control program with jurisdiction, which demonstrates thatthe overall control of VOC emissions at the account from wastewater from affected source categories during the preceding calendar year is at least 90% less than the 1990 baseline emissions inventory. At a mi nimum, the report shall include the EPN; FIN; the throughput of wastewater from affected source categor ies; a plot plan showing the location, EPN, and FIN associated with a wastewater storage, hand ling, transfer, or treatment facility; and the VOC emission rates for the preceding calendar year. The emission rates for the preceding calendar year shall be calculated in a manner consistent with the 1990 emissions inventory. (3) All representations in control plans and annual reports become enforceable conditions. It shall be unlawful for any person to vary from such representations if the variation will cause a change in the identity of the specific emissi on sources being controlled or the method of control of emissions unless the owner or operator submits a revised control plan to the executive director, the appropriate regional office, and any local air polluti on control program with jurisdiction no later than 30 days after the change. All control plans and reports shall include documentation that the overall reduction of VOC emissions at the account from wast ewater from affected source categories continues to be at least 90% less than the 1990 baseline emissions inventory. The emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.Texas Commission on Environmental Quality Page 50 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(c) The owner or operator of an affected source category within a plant may elect to comply with the provisions of 40 Code of Federal Regula tions 63, Subpart G (National Emission Standards for Organic Hazardous Air Pollutants From the Synthe tic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Opera tions, and Wastewater, January 22, 2001) as an alternative to complying with this division, provided that: (1) the term "VOC" is substituted each place that Subpart G references the term "hazardous air pollutant" or "HAP"; (2) in Table 9 of Appendix to Subpart G - Table and Figures, the average fraction removed (FR) value required for VOC not specifically listed in this table is 0.90; and (3) before implementing the option available under this subsection, the owner or operator provides written notice to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction of the intention to use this option. Adopted December 13, 2002 Effective January 17, 2003 ' 115.144. Inspection and Monitoring Requirements. The owner or operator of an affected source category within a plant in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/ Galveston areas shall comply with the following inspection and monitoring requirements. (1) All seals and covers used to comply with ' 115.142(1) of this title (relating to Control Requirements) shall be inspected according to the following schedules to ensure compliance with ' 115.142(1)(G) and (H) of this title: (A) initially and semiannually thereafter to ensure compliance with ' 115.142(1)(G) of this title; and (B) upon completion of repair to ensure compliance with ' 115.142(1)(G) and (H) of this title. (2) Floating roofs and internal floating covers used to comply with ' 115.142(2) of this title shall be subject to the following requirements. All secondary seals shall be inspected according to the following schedules to ensure compliance with ' 115.142(2)(E) and (F) of this title. (A) If the primary seal is vapor-mounted, the secondary seal gap area shall be physically measured annually to ensure compliance with ' 115.142(2)(F) of this title. (B) If the tank is equipped with a mech anical shoe or liquid-mounted primary seal, compliance with ' 115.142(2)(F) of this title may be determined by visual inspection.Texas Commission on Environmental Quality Page 51 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(C) All secondary seals shall be visually inspected semiannually to ensure compliance with ' 115.142(2)(E) and (F) of this title. (3) Monitors shall be installed and maintained as required by this section to measure operational parameters of any emission control de vice or other device installed to comply with ' 115.142 of this title. Such monitoring and parameters shall be sufficient to demonstrate proper functioning of those devices to design specifications , and include the monitoring and parameters listed in subparagraphs (A) - (H) of this paragraph, as applicable. In lieu of the monitoring and parameters listed in subparagraphs (A) - (H) of this paragraph, other monitoring and parameters may be approved or required by the executive director: (A) for an enclosed non-catalytic combustion device (including, but not limited to, a thermal incinerator, boiler, or process heater ), continuously monitor and record the temperature of the gas stream either in the combustion chamber or immediately downstream before any substantial heat exchange; (B) for a catalytic incinerator, continuously monitor and record the temperature of the gas stream immediately before and after the catalyst bed; (C) for a condenser (chiller), continuous ly monitor and record the temperature of the gas stream at the condenser exit; (D) for a carbon adsorber, continuously monitor and record the VOC concentration of exhaust gas stream to determine if breakthrough has occurred. If the carbon adsorber does not regenerate the carbon bed directly in the control device (e.g., a carbon canister), the exhaust gas stream shall be monitored daily or at inte rvals no greater than 20% of the design replacement interval, whichever is greater, or as an alternative to conducting monitoring, the carbon may be replaced with fresh carbon at a regular predetermi ned time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and the VOC concentration in the gas stream vented to the carbon adsorber;Texas Commission on Environmental Quality Page 52 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(E) for a flare, meet the requirements specified in 40 Code of Federal Regulations ' 60.18(b) and Chapter 111 of this title (relati ng to Control of Air Pollution from Visible Emissions and Particulate Matter); (F) for a steam stripper, continuously m onitor and record the steam flow rate, the wastewater feed mass flow rate, the wastewat er feed temperature, and condenser vapor outlet temperature; (G) for a vapor combustor, continuously monitor and record the exhaust gas temperature either in the combustion chamber or i mmediately downstream before any substantial heat exchange. Alternatively, the owner or operator of a vapor combustor may consider the unit to be a flare and meet the requirements of subparagraph (E) of this paragraph; and (H) for vapor control systems other than those specified in subparagraphs (A) - (G) of this paragraph, continuously monitor and record the appropriate operating parameters. (4) In the Beaumont/Port Arthur and Hous ton/Galveston areas, units used to comply with ' 115.142(3) of this title shall: (A) initially demonstrate a 90% reduction in VOCs by using the methods in ' 115.145 of this title (relating to Approved Test Methods); and (B) measure on a weekly basis the total suspended solids in the aeration basin of the biotreatment unit. (5) All water seal controls shall be inspected weekly to ensure that the water seal controls are effective in preventing ventilation, excep t that daily inspections are required for those seals that have failed three or more inspections in any 12-month period. Upon request by the executive director, EPA, or any local program with jurisdicti on, the owner or operator shall demonstrate (e.g., by visual inspection or smoke test) that the water seal controls are properl y designed and restrict ventilation. (6) All process drains not equipped with wate r seal controls shall be inspected monthly to ensure that all gaskets, caps, and/or plugs are in place and that there are no gaps, cracks, or other holes in the gaskets, caps, and/or plugs. In additi on, all caps and plugs shall be inspected monthly to ensure that they are tightly-fitting. Adopted December 13, 2002 Effective January 17, 2003 ' 115.145. Approved Test Methods. Compliance with the emission specifications, va por control system efficiency, and certain control requirements, inspection requi rements, and exemption criteria of '' 115.142 - 115.144 and 115.147 of this title (relating to Control Requirements; Alternate Control Requirements; Inspection andTexas Commission on Environmental Quality Page 53 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Monitoring Requirements; and Exemptions) shall be determined by applying one or more of the following test methods and procedures, as appropriate. (1) Gas flow rate. Test Methods 1-4 (40 Code of Federal Regulations (CFR) Part 60, Appendix A) are used for determining gas flow rates, as necessary. (2) Concentration of Volatile Organic Compounds (VOC). (A) Test Method 18 (40 CFR Part 60, Appendix A) is used for determining gaseous organic compound emissions by gas chromatography. (B) Test Method 25 (40 CFR 60, Appendix A) is used for determining total gaseous nonmethane organic emissions as carbon. (C) Test Methods 25A or 25B (40 CFR 60, Appendix A) are used for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis. (3) Performance requirements for flares and vapor combustors. (A) For flares, the performance test requirements of 40 CFR 60.18(b) shall apply. (B) For vapor combustors, the owner or operator may consider the unit to be a flare and meet the performance test requirements of 40 CFR 60.18(b) rather than the procedures of paragraphs (1) and (2) of this section. (C) Compliance with the requirements of 40 CFR 60.18(b) will be considered to represent 98% control of the VOC in the flare inlet. (4) Vapor pressure. Use standard reference texts or American Society for Testing and Materials (ASTM) Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of vapor pressure, adjusted for actual storage temp erature in accordance with American Petroleum Institute Publication 2517, Third Edition, 1989. (5) Leak determination by instrument method. Use Test Method 21 (40 CFR 60, Appendix A) for determining VOC leaks and fo r monitoring a carbon canister in accordance with ' 115.144(3)(D) of this title. (6) Determination of VOC concentration of wastewater samples. Use Test Method 5030 (purge and trap) followed by Test Method 8015 witha DB-5 boiling point (or equivalent column), and flame ionization detector, with the detector calibrated with benzene (SW-846 and 40 CFR Part 261); Test Methods 3810, 5030 (followed by 8020), 8240, 8260, and 9060 (SW-846 and 40 CFR Part 261); Test Methods 602 and 624 (40 CFR Part 136); Test Method 5310(B) (Standard Methods 17thTexas Commission on Environmental Quality Page 54 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Edition); or Test Method 25D (40 CFR Part 60, Appendix A). (7) Determination of total suspended solids. Use Method 160.2 (Methods for Chemical Analysis of Water and Wastes, EPA- 600/4-79-020) or Method 2540D (Standard Methods for the Examination of Water and Wastewater, 18th Ed ition, American Public Health Association). (8) Determination of biotreatment unit efficiency. Use the methods found in 40 CFR 63 Appendix C or 40 CFR 63.145. A stream-specific list of VOCs shall be used and is determined as follows: (A) compounds with concentrations below one part per million by weight (ppmw) or below the lower detection limit may be excluded; (B) for the owner or operator that can identify at least 90% by weight of the VOCs in the wastewater stream, the individual VOCs that are 5.0% by weight or greater are required to be included on the list. If less than half of th e total VOCs in the wastewater are represented by the compounds that are 5.0% by weight or greater, the owner or operator shall include those individual VOCs with the greatest mass on the stream-sp ecific list of VOCs until 75 compounds or every compound, whichever is fewer, is included on the list, except as provided by subparagraph (A) of this paragraph. The owner or operator shall document that the site-specific list of VOCs is representative of the process wastewater stream; and (C) for the owner or operator that can identify at least 50% by weight of the VOCs in the wastewater stream, the individual VOCs with the greatest mass on the stream-specific list of VOCs up to 75 compounds or every compound, whichever is fewer, shall be included on the list, except as provided by subparagraph (A) of this paragraph. The owner or operator shall document that the site-specific list of VOCs is representative of the process wastewater stream. (9) Minor modifications. Minor modifications to these test methods may be used, if approved by the executive director. (10) Alternate test methods. Test methods other than those specified in paragraphs (1)

- (8) of this section may be used if validated by 40 CFR 63, Appendix A, Test Method 301 (effective December 29, 1992). For the purposes of this paragraph, substitute "executive director" each place that Test Method 301 references "administrator." Adopted April 26, 2002 Effective May 16, 2002 ' 115.146. Recordkeeping Requirements. The owner or operator of an affected source category within a plant in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/ Galveston areas shall comply with the following recordkeeping requirements.Texas Commission on Environmental Quality Page 55 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) Complete and up-to-date records shall be maintained as needed to demonstrate compliance with ' 115.142 and ' 115.143 of this title (relating to Control Requirements; and Alternate Control Requirements) which are sufficient to demonstrate the characteristics of wastewater streams and the qualification for any exemptions claimed under ' 115.147 of this title (relating to Exemptions). (2) Records shall be maintained of the results of any inspection or monitoring conducted in accordance with ' 115.144 of this title (relating to Inspection and Monitoring Requirements). Records shall be sufficient to de monstrate proper functioning of applicable control equipment to design specifications to ensure compliance with ' 115.142 and ' 115.143 of this title. (3) Records shall be maintained of the results of any testing conducted in accordance with ' 115.145 of this title (relating to Approved Test Methods). (4) All records shall be maintained at th e plant for at least two years and be made available upon request to representatives of the ex ecutive director, EPA, or any local air pollution control agency having jurisdiction in the area. Adopted October 27, 1999 Effective November 18, 1999 ' 115.147. Exemptions. The following exemptions apply in the Beaumont/P ort Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas. (1) Any plant with an annual volatile organic compounds (VOC) loading in wastewater, as determined in accordance with ' 115.148 of this title (relating to Determination of Wastewater Characteristics), less than or equal to te n megagrams (Mg) (11.03 tons) is exempt from the control requirements of ' 115.142 of this title (relating to Control Requirements). (2) At any plant with an annual VOC loading in wastewater, as determined in accordance with ' 115.148 of this title greater than ten Mg (11.03 tons), any person who is the owner or operator of the plant may exempt from the control requirements of ' 115.142 of this title one or more affected VOC wastewater streams for which the sum of the annual VOC loading in wastewater for all of the exempted streams is less than or equal to ten Mg (11.03 tons). (3) Unless specifically required by this divi sion (relating to Industrial Wastewater), any piece of equipment of a wastewater storage, handling, transfer, or treatment facility to which the control requirements of ' 115.142 of this title apply is exempt from the requirements of any other division of this chapter. This paragraph does not apply to pieces of equipment or components which are subject to the requirements of Subchapter D, Division 3, and/or Subchapter H of this chapter (relating to Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas; and Highly-Reactive Volatile Organic Compounds).Texas Commission on Environmental Quality Page 56 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(4) If compliance with the control requirements of ' 115.142 of this title would create a safety hazard in a component of a wastewater stor age, handling, transfer, or treatment facility, the owner or operator may request the executive directorto exempt that component from the control requirements of ' 115.142 of this title. The executive director shall approve the request if justified by the likelihood and magnitude of the potential injury and if the executive director determines that reducing or eliminating the hazard is technologically or economically unreasonable based on the emissions reductions that would be achieved. (5) Wet weather retention basins are exemptfrom the requirements of this division. (6) Petroleum refineries in the Beaum ont/Port Arthur area are exempt from the requirements of this division. (7) The following exemptions apply to petroleum refineries in the Houston/Galveston area. (A) Petroleum refineries are exempt from the requirement in ' 115.142 of this title that after December 31, 2002, the control require ments apply from the point of generation of an affected VOC wastewater stream until the affected VOC wastewater stream is either returned to a process unit, or is treated to reduce the VOC cont ent of the wastewater stream by 90% by weight and also reduce the VOC content of the same VOC wastewater stream to less than 1,000 parts per million by weight, provided that petroleum refineries continue to apply the requirement in ' 115.142 of this title that the control requirements apply from the point of generation of an affected VOC wastewater stream until the affected VOC wastewater stream is either re turned to a process unit, or is treated to remove VOC so that the wastewater stream no longer meet s the definition of an affected VOC wastewater stream. (B) Junction boxes are exempt from the requirements of ' 115.142(1)(D)(ii) of this title, provided that after December 31, 2002 they continue to comply with the requirements of ' 115.142(1)(D)(i) of this title. (C) Properly operated biotreatment units are exempt from the requirements of '' 115.142(3), 115.144(4), and 115.145(7) and (8) of this title (relating to Control Requirements; Inspection and Monitoring Requirements; and Approved Test Methods). Adopted December 13, 2002 Effective January 17, 2003 ' 115.148. Determination of Wastewater Characteristics.

The determination of the characteristics of a wa stewater stream for purposes of this division (relating to Industrial Wastewater) shall be made as follows. (1) The characteristics shall be determined at a location between the point of generation and before the wastewater stream is exposed to the atmosphere, treated for volatile organic compoundsTexas Commission on Environmental Quality Page 57 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(VOC) removal, or mixed with another wastewater stream. For wastewater streams which, prior to November 15, 1993, were either actually being mixed or construction had commenced which would result in the wastewater streams being mixed, this mixing shall not establish a limit on where the characteristics may be determined. (2) The flow rate of a wastewater stream shall be determined on the basis of an annual average by one of the following methods: (A) the highest annual quantity of wast ewater managed, based on historical records for the most recent five years of operation, or for the entire time the wastewater stream has existed if less than five years but at least one year; (B) the maximum design capacity of the wastewater component; (C) the maximum design capacity to generate wastewater of the process unit generating the wastewater stream; (D) measurements that are representa tive of the actual, normal wastewater generation rates. (3) The VOC concentration of a wastewater stream shall be determined on the basis of a flow-weighted annual average by one of the following methods, or by a combination of the methods. If the executive director determines that the VOC concentration cannot be adequately determined by knowledge of the wastewater, or by bench-scale or pilo t-scale test data, the VOC concentration shall be determined in accordance with subparagraph (C) of this paragraph, or by a combination of the methods in subparagraphs (A), (B), and (C) of this paragraph. VOC with a Henry's Law Constant less than 7.5x10 -5 atm-m 3 /mole at 25 degrees Celsius shall not be included in the determination of VOC concentration. (A) Knowledge of the wastewater. Sufficient information to document the VOC concentration. Examples of information include material balances, records of chemical purchases, or previous test results. (B) Bench-scale or pilot-scale test data. Sufficient information to demonstrate that the bench-scale or pilot-scale test concentration data are representative of the actual VOC concentration. (C) Measurements. Collect a minimum of three representative samples from the wastewater stream and determine the VOC c oncentration for each sample in accordance with ' 115.145 of this title (relating to Approved Test Methods). The VOC concentration of the wastewater stream shall be the flow-weighted average of the individual samples. (4) The annual VOC loading in wastewater fo r a wastewater stream shall be the annual average flow rate determined in paragraph (2) of this section multiplied by the annual average VOCTexas Commission on Environmental Quality Page 58 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

concentration determined in paragraph (3) of this section. (5) The annual VOC loading in wastewater for a plant shall be the sum of the annual VOC loading in wastewater for each affected VOC wastewater stream. Adopted October 27, 1999 Effective November 18, 1999 ' 115.149. Counties and Compliance Schedules. (a) The owner or operator of each affected source category within a plant in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall continue to comply with this division (relating to Industrial Wastewater) as required by ' 115.930 of this title (relating to Compliance Dates). (b) The owner or operator of each affected source category within a plant in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply with this division as soon as practicable, but no later than March 1, 2009. Adopted November 15, 2006 Effective December 7, 2006Texas Commission on Environmental Quality Page 59 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER B: GENERAL VOLATILE ORGANIC COMPOUND SOURCES DIVISION 5: MUNICIPAL SOLID WASTE LANDFILLS '' 115.152, 115.153, 115.155 - 115.157, 115.159 Effective May 16, 2002

' 115.152. Control Requirements. (a) For the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas as defined in ' 115.10 of this title (relating to Definitions), no person shall operate or allow the operation of a municipal solid waste landfill (MSWLF) unless each owner or operator of a MSWLF calculates the nonmethane organic compounds (NMOC) emission rate for the landfill using the procedures provided in ' 60.753 of the proposed federal rules published in the May 30, 1991, issue of the Federal Register (58 FR 104). The volatile organic compound emission rate shall be calculated and recalculated annually using the following default values: Generation Rate Constant, K = 0.05 1/year; Generation Potential, L o= 170 m 3 /Mg; Non-methane Gas Concentration, C NMOC = 4000 ppmv. If at any time the calculated NMOC emission rate exceeds 150 Megagrams (Mg) per year, the owner or operator shall: (1) install a gas collection and control sy stem (GCCS) subject to the requirements of ' 60.752(b)(2)(ii) of the proposed federal rules published in the May 30, 1991, issue of the Federal Register (58 FR 104). Alternative design methodologies to the GCCS are subject to the approval of the executive director; (2) control NMOC gas emissions in one of the following ways: (A) the total collected gas is routed to an open flare designed and operated in accordance with 40 CFR ' 60.18; (B) the total collected gas is routed to a control device which reduces the total collected gas emissions by 98% or to le ss than 20 parts per million by volume; or (C) the total collected gas is routed to a gas treatment system which processes the collected gas for subsequent use or sale. The su m of all emissions from any atmospheric vent from the gas treatment system shall be subject to the re quirements of subparagraph (A) of this paragraph. (3) operate the GCCS in compliance with ' 60.754 of the proposed federal rules published in the May 30, 1991, issue of the Federal Register (58 FR 104). (b) The GCCS may be capped or removed if all of the following conditions are met: (1) the landfill shall no longer accept waste and shall be permanently closed; (2) the GCCS shall have been in continuous operation for at least 15 years; andTexas Commission on Environmental Quality Page 60 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(3) the calculated NMOC emission rate shall be less than 150 Mg per year on three successive test dates. The test dates shall be no closer than three months apart, and no longer than six months apart. Adopted May 4, 1994 Effective May 27, 1994 ' 115.153. Alternate Control Requirements. For all persons in the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Municipal Solid Waste Landfills) may be approved by the executive director in accordance with ' 115.910 of this title (relating to Availability of Alternate Means of Control) if emi ssion reductions are demonstrated to be substantially equivalent. Adopted April 26, 2002 Effective May 16, 2002 ' 115.155. Approved Test Methods. Compliance with ' 115.152 of this title (relating to Control Requirements) shall be determined by applying the following test methods, as appropriate: (1) Test Methods 1-4 (40 CFR 60, Appe ndix A) for determining flow rate, oxygen concentration, or moisture, as necessary; (2) Test Method 2E as proposed under 40 CFR 60, Appendix A, published in the May 30, 1991, issue of the Federal Register (58 FR 104) for designing the area of influence of the gas collection and control system (GCCS); (3) Test Method 3C as proposed under 40 CFR 60, Appendix A, published in the May 30, 1991, issue of the Federal Register (58 FR 104) for measuring the concentration of nitrogen in the landfill gas; (4) Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (5) Test Method 21 (40 CFR 60, Appendix A) for determining volatile organic compound leaks; (6) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane (CH 4 ) organic emissions as carbon; (7) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ioniza tion or nondispersive infrared analysis;Texas Commission on Environmental Quality Page 61 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(8) Test Method 25C as proposed under 40 CFR 60, Appendix A, published in the May 30, 1991, issue of the Federal Register (58 FR 104) for determining non-CH 4organic compounds in landfill gases; (9) determination of true vapor pressure using American Society for Testing and Materials Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure, adjusted for actual storage temp erature in accordance with American Petroleum Institute Publication 2517, Third Edition, 1989; (10) one of the above test methods w ith minor modifications as approved by the Executive Director. Adopted May 4, 1994 Effective May 27, 1994 ' 115.156. Monitoring and Recordkeeping Requirements. For the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas, the following recordkeeping requirements shall apply. (1) For municipal solid waste landfills (MSWLF), which are not subject to the requirements of ' 115.152 of this title (relating to Control Requirements), the owner or operator of each landfill shall maintain complete and up-to-date reco rds sufficient to demonstrate continuous compliance with the applicable exemption criteria including, but not limited to, an annual calculation of the nonmethane organic compounds (NMOC) emissions rate and any other necessary operational information. (2) For MSWLF, which are subject to the requirements of ' 115.152 of this title, the owner or operator of each landfill shall install and maintain monitors to continuously measure and record operational parameters of any emission cont rol device installed to meet applicable control requirements. Such records must be sufficient to demonstrate proper functioning of those devices to design specifications, including but not limited to: (A) the exhaust gas temperature imme diately downstream for any direct-flame incinerator or enclosed flare; (B) the gas temperature immediately upstream and downstream for any catalytic incinerator or chiller; (C) the NMOC concentration for any carbon adsorption system exhaust gas to determine if breakthrough has occurred; (D) the gas flowrate to the combustion device; (E) monthly readings of the gauge pressure at each well in the gas collectionTexas Commission on Environmental Quality Page 62 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

header; (F) the percent methane concentration at each well in the gas collection header; and (G) the dates and reasons for any maintenance and repair of the required gas collection and control system and control devices and the estimated quantity and duration of NMOC emissions during such activities. (3) Each owner or operator of a MSWLF shall annually submit an emissions inventory report as required by ' 101.10 of this title (relating to Emissions Inventory Requirements). This report shall include: (A) calculation of the NMOC emission rate; (B) a map or plot of the landfill, providing the size and location, and identifying all areas where waste may be landfilled according to the provisions of the permit; (C) the maximum design capacity; (D) notification of any increase in the size of the landfill. The increase may result from: (i) an increase in the permitted area or depth of the landfill; (ii) a change in the operating procedures; or (iii) any other means which will increase the maximum design capacity of the landfill; and (E) notification of closure. (i) For purposes of this subchapter, closure means that waste is no longer being placed in the landfill, and no additional wastes will be placed in the landfill without filing a notification of modification, as prescribed by the commission. (ii) Landfills that are closed permanently between reporting periods shall report as directed by ' 101.10 of this title and continue reporting until the calculated NMOC comission rate falls below 150 Mg per year on three successive test dates. The test dates shall be no closer than three months apart, a nd no longer that six months apart. Adopted April 30, 1997 Effective May 22, 1997 ' 115.157. Exemptions.Texas Commission on Environmental Quality Page 63 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

For the Houston/Galveston, El Paso, and Dallas/Fort Worth ozone nonattainment areas, the following facilities are exempt: (1) any municipal solid waste landfill (MSWLF) with a capacity of less than 100,000 Mg (111,000 tons); (2) any MSWLF which closed or stopped receiving waste prior to November 8, 1987, and does not have the capacity to receive more waste. Adopted May 4, 1994 Effective May 27, 1994 ' 115.159. Counties and Compliance Schedule. (a) All affected municipal solid waste landfills (MSWLFs) in Collin, Dallas, Denton, and Tarrant Counties shall demonstrate compliance with this division (relating to Municipal Solid Waste Landfills) as soon as practicable, but no later than May 31, 1996. (b) All affected MSWLFs in El Paso County shall demonstrate compliance with this division as soon as practicable, but no later than November 15, 1996. (c) All affected MSWLFs in Brazoria, Chambe rs, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall demonstrate compliance with this division as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is n ecessary as a result of failure to attain the National Ambient Air Quality Standard (NAAQS) for ozone by the attainment deadline or failure to demonstrate reasonable further progress as set forth in the 1990 Amendments to the Federal Clean Air Act (FCAA), ' 172(c)(9). Adopted April 26, 2002 Effective May 16, 2002Texas Commission on Environmental Quality Page 64 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER B: GENERAL VOLATILE ORGANIC COMPOUND SOURCES DIVISION 6: BATCH PROCESSES '' 115.160 - 115.167, 115.169

Effective October 20, 2005

' 115.160. Batch Process Definitions. The following words and terms, when used in this division (relating to Batch Processes), shall 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) Aggregated- The summation of all process vents containing volatile organic compounds (VOC) within a process. (2) Annual mass emissions total- The sum of all VOC emissions (pounds per year), evaluated before control but after the last recovery device, from a process vent. Annual mass emissions shall be calculated from an individual process ve nt or groups of process vents by using emission estimation equations contained in Chapter 3 of EPA's Control of Volatile Organic Compound Emissions from Batch Processes-Alternative Control Tec hniques Information Document (EPA-453/R-94-020, February 1994) and then multiplying by the historical duration and frequency of the emission or groups of emissions over the course of a year. For proce ss vents that are included in a new source review air permit, standard permit, or permit by rule regist ered by Form PI-8, the annual mass emissions total shall be based on the maximum allowable emission rate (MAER) levels in the permit or Form PI-8 (adjusted to represent the level before control, but after the last recovery device), whether they correspond to the maximum design production potential or to the actual annual production estimate. (3) Average flow rate- The flow rate in standard cubic feet per minute (scfm) averaged over the amount of time that VOCs are emitte d during an emission event. For the evaluation of average flow rate from an aggregate of sources, th e average flow rate is the weighted average of the average flow rates of the emission events and their annual venting time, or:

Average flow rate = 3 (F)(D) 3 D

where: F = Average flow rate per emission event

D = Annual duration of emission event

(4) Batch- A noncontinuous process involving the bulk movement of material through sequential manufacturing steps. Mass, temperature, concentration, and other properties of a systemTexas Commission on Environmental Quality Page 65 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

vary with time. Batch processes are not character ized by steady-state conditions. Reactants are not added and products are not removed simultaneously. (5) Batch cycle- A manufacturing event of an inte rmediate or product from start to finish in a batch process. (6) Batch process (for the purpose of determining reasonably available control technology (RACT) applicability) - The batch equipment assembled and connected by pipes, or otherwise operated in a sequence of steps, to manufacture a product in a batch fashion. (7) Batch process train- An equipment train that is used to produce a product or intermediates in batch fashion. A typical equipment train consists of equipment used for the synthesis, mixing, and purification of a material. (8) Emissions before control- The emissions total before the application of a control device but after the last recovery device, or the emissions total if no control device is used. The emissions total may not be reduced to account for disc harge of VOC into wastewater if the wastewater is further handled or processed with the potential for VOC emissions to the atmosphere. (9) Primary fuel- The fuel that provides the principal heat input to a device. To be considered a primary fuel, the fuel must be able to sustain operation without the addition of other fuels. (10) Process vent- A vent gas stream that is discharged from a batch process. Process vents include gas streams that are discharged direc tly to the atmosphere or are discharged to the atmosphere after diversion through a recovery device. Process vents exclude relief valve discharges, leaks from equipment, vents from storage tanks, ve nts from transfer/loading operations, and vents from wastewater. Process gaseous streams that are used as primary fuels are also excluded. The lines that transfer such fuels to a plant fuel gas system are not considered to be vents. (11) RACT - Reasonably available control technology. (12) Recovery device- An individual unit of equipment capable of and used for recovering chemicals for use, reuse, or sale. Recovery devices include, but are not limited to, absorbers, carbon adsorbers, and condensers. (13) Unit operations - Those discrete processing steps that occur within distinct equipment that are used to prepare reactants, facilitate reactions, separate and purify products, and recycle materials. (14) Volatility- As follows. (A) Low volatility VOCs are those which have a vapor pressure less than or equal to 75 millimeters of mercury (mm Hg) at 20 degrees Celsius.Texas Commission on Environmental Quality Page 66 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(B) Moderate volatility VOCs are those which have a vapor pressure greater than 75 and less than or equal to 150 mm Hg at 20 degrees Celsius. (C) High volatility VOCs are those which have a vapor pressure greater than 150 mm Hg at 20 degrees Celsius. (D) To evaluate VOC volatility for single unit operations that service numerous VOCs or for processes handling multiple VOCs, the we ighted average volatility can be calculated from the total amount of each VOC emitted in a year and the individual component vapor pressure, as follows.

Weighted average volatility = 3 Vp ix (M i/ MW i ) 3 (M i/ MW i)

where: Vp i= Vapor pressure of VOC component i M i= Mass of VOC component i MW i= Molecular weight of VOC component i Adopted December 13, 2002 Effective January 17, 2003 ' 115.161. Applicability. (a) The provisions of '' 115.162 - 115.167 of this title (relating to Control Requirements; Alternate Control Requirements; Determination of Emissions and Flow Rates; Approved Test Methods and Testing Requirements; Monitoring and Recordk eeping Requirements; and Exemptions) apply to vent gas streams at batch process operations in th e Beaumont/Port Arthur and Houston/Galveston areas, as defined in ' 115.10 of this title (relating to Definitions), under the following Standard Industrial Classification (SIC) codes: (1) 2821 (plastic resins and materials); (2) 2833 (medicinals and botanicals); (3) 2834 (pharmaceutical preparations); (4) 2861 (gum and wood chemicals); (5) 2865 (cyclic crudes and intermediates); (6) 2869 (industrial organic chemicals, not elsewhere classified); and (7) 2879 (agricultural chemicals, not elsewhere classified).Texas Commission on Environmental Quality Page 67 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(b) Any batch process operation that is exempt under ' 115.167(1) or (2)(A) of this title is subject to the requirements of Division 2 of this subchapter (relating to Vent Gas Control). (c) Any batch process in the Houston/Galvest on area in which a highly-reactive volatile organic compound, as defined in ' 115.10 of this title, is a raw material, intermediate, final product, or in a waste stream is subject to the requirements of Subchapter H of this chapter (relating to Highly-Reactive Volatile Organic Compounds) in addition to the applicab le requirements of either this division (relating to Batch Processes) or Division 2 of this subchapter, whichever of these two divisions applies. Adopted December 13, 2002 Effective January 17, 2003 ' 115.162. Control Requirements. The owner or operator of each batch process operation in the Beaumont/Port Arthur and Houston/Galveston areas shall comply with the following control requirements. (1) Reasonable available control technology (RACT) equations. The volatile organic compounds (VOC) mass emission rate from individual process vents or for process vent streams in aggregate within a batch process shall be reduced by 90% if the actual average flow rate value (in standard cubic feet per minute (scfm)) is below the fl ow rate (FR) value calculated using the applicable RACT equation for the volatility range (low, moderate, or high) of the material being emitted when the annual mass emission total (AE, in pounds per year) are input. The RACT equations, specific to volatility, are as follows: (A) Low volatility: FR = 0.07(AE) - 1821; (B) Moderate volatility: FR = 0.031(AE) - 494; (C) High volatility: FR = 0.013(AE) - 301. (2) Successive ranking scheme. For aggregate streams within a process, the control requirements must be evaluated with the following successive ranking scheme until control of a segment of unit operations is required or until all unit operations have been eliminated from the process pool. (A) If, for the process vent streams in aggregate, the value of FR calculated using the applicable RACT equation in paragraph (1) of this section is negative (i.e., less than zero), then the process is exempt from the 90% control requirements, and the successive ranking scheme of subparagraph (F) of this paragraph does not apply. This would occur if the mass annual emission rates are below the lower limits specified in ' 115.167(2)(A) of this title (relating to Exemptions). (B) If, for the process vent streams in aggregate, the actual average flow rate value (in scfm) is below the value of FR calculated using the applicable RACT equation in paragraph (1) of this section, then the overall emissions from the batch process must be reduced by 90%, and theTexas Commission on Environmental Quality Page 68 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

successive ranking scheme of subparagraph (F) of this paragraph does not apply. The owner or operator has the option of selecting which unit operations are to be controlled and to what levels, provided that the overall control meets the specified level of 90%. Single units that qualify for exemption under ' 115.167(2)(B) of this title do not have to be controlled even if all units should qualify for this exemption. (C) If, for the process vent streams in aggregate, the actual average flow rate value (in scfm) is greater than the value of FR calculated using the applicable RACT equation in paragraph (1) of this section (and the calculated value of FR is a positive number), then the control requirements must be evaluated with the successive ranking scheme of subparagraph (F) of this paragraph until control of a segment of unit operations is required or until all unit operations have been eliminated from the process pool. Single units that qualify for exemption under ' 115.167(2)(B) of this title do not have to be included in the rankings and do not have to be controlled. (D) Sources that are required to be controlled to the level specified by RACT (i.e., 90%) will have an average flow rate that is be low the flow rate specified by the applicable RACT equation in paragraph (1) of this section (when the source's annual emission total is input). The applicability criterion is implemented on a two-tier ba sis. First, single pieces of batch equipment corresponding to distinct unit operations shall be evaluated over the course of an entire year, regardless of what materials are handled or what products are manufactured in them. Second, equipment shall be evaluated as an aggregate if it can be linked together based on the definition of a process. (E) To determine applicability of a RACT option in the aggregation scenario, all the VOC emissions from a single process shall be summed to obtain the annual mass emission total, and the weighted average flow rate from each proce ss vent in the aggregation shall be used as the average flow rate. (F) All unit operations in the batch process, as defined for the purpose of determining RACT applicability, shall be ranked in ascending order according to their ratio of annual emissions (pounds per year) divided by average flow ra te (in scfm). Sources with the smallest ratios shall be listed first. This list of sources constitute s the "pool" of sources within a batch process. The annual emission total and average flow rate of the pool of sources shall then be compared against the RACT equations in paragraph (1) of this section to determine whether control of the pool is required. (i) If control is not required after the initial ranking, unit operations having the lowest annual emissions/average flow rate ratio shall then be eliminated one by one, and the characteristics of annual emission and average flow rate for the remaining pool of equipment must be evaluated with each successive elimination of a source from the pool. (ii) Control of the unit operations remaining in the pool to the specified level (i.e., 90%) shall be required once the aggregated characteristics of annual emissions and average flow rate have met the specified cutoffs. The owner or operator has the option of selecting which unit operations are to be controlled and to what levels, provided that the overall control meets the specified level of 90%.Texas Commission on Environmental Quality Page 69 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(3) Once-in, always-in. Any batch process operation that becomes subject to the provisions of this divisi on by exceeding provisions of ' 115.167 of this title will remain subject to the provision of this division, even if throughput or em issions later fall below exemption limits, unless and until emissions are reduced to no more than the controlled emissions level existing before implementation of the project by which throughput or emission rate was reduced to less than the applicable exemption limits in ' 115.167 of this title; and (A) the project by which throughput or emission rate was reduced is authorized by any permit or permit amendment or standard permit or permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Permits by Rule). If a permit by rule is available for the project, compliance with this division must be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or (B) if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owne r/operator has given the executive director 30 days = notice of the project in writing. Adopted December 6, 2000 Effective January 18, 2001 ' 115.163. Alternate Control Requirements. Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Batch Processes) may be approved by the executive director in accordance with ' 115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent. Adopted October 27, 1999 Effective November 18, 1999 ' 115.164. Determination of Emissions and Flow Rates. The owner or operator of each batch process operation in the Beaumont/Port Arthur and Houston/Galveston areas shall determine the mass emissions and flow rates as follows. (1) Determination of Uncontrolled Annual Emission Total. The owner or operator shall determine the annual mass emissions total by using engineering estimates of the uncontrolled emissions from a process vent or group of process vents within a batch process train and multiplying by the potential or permitted number of batch cycles per year. Engineering estimates must follow the guidance contained in EPA's Control of Volatile Organic Compound Emissions from Batch Processes - Alternative Control Techniques Information Document (EPA-453/R-94-020, February 1994). Alternatively, if an emissions measurement is usedto measure vent emissions, the measurement must conform with the requirements of measuring incoming mass flow rate of volatile organic compounds as specified in ' 115.165 of this title (relating to Approved Test Methods and Testing Requirements).Texas Commission on Environmental Quality Page 70 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(2) Determination of Average Flow Rate. To obtain a value for average flow rate, the owner or operator may choose to measure the flow rates or to estimate the flow rates using the estimation methods contained in EPA's Control of Volatile Organic Compound Emissions from Batch Processes - Alternative Control Techniques Information Document(EPA-453/R-94-020, February 1994). For existing manifolds, the average flow rate may be the flow rate that was assumed in the design. Adopted December 6, 2000 Effective January 18, 2001 ' 115.165. Approved Test Methods and Testing Requirements. The owner or operator of each batch process operation in the Beaumont/Port Arthur and Houston/Galveston areas shall comply with the following. (1) Performance testing conditions. For the purpose of determining compliance with the control requirements of this division (relating to Batch Processes), the process unit shall be run at a scenario that represents maximum batch rates (e.g., three batches per day, 1,000 lbs per batch, etc.) during any performance test. (2) Test methods. The owner or operator of each batch process operation shall use the following methods to determine compliance with the percent reduction efficiency requirement of ' 115.162 of this title (relating to Control Requirements). (A) Flow rate. (i) Test Methods 1 or 1A (40 Code of Federal Regulations (CFR) 60, Appendix A) as appropriate, shall be used for selecti on of the sampling sites if the flow rate measuring device is a rotameter. No traverse is necessary when the flow measuring device is an ultrasonic probe. The control device inlet sampling sites for determination of vent stream volatile organic compounds (VOC) composition reduction efficiency shall be before the control device and after the control device. (ii) Test Methods 2, 2A, 2C, or 2D (40 CFR 60, Appendix A) as appropriate, shall be used for determination of gas stream volumetric flow rate. Flow rate measurements shall be made continuously. (B) Concentration of VOC. Test Method 18 (40 CFR 60, Appendix A) (gas chromatography) or Test Method 25A (40 CFR 60, Appendix A) (flame ionization) shall be used to determine the concentration of VOC in the control device inlet and outlet. (i) The sampling time for each run shall be the entire length of the batch cycle, during which readings shall be taken: (I) continuously if Method 25A is used; orTexas Commission on Environmental Quality Page 71 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(II) as often as is possible using Method 18, with a maximum of one-minute intervals between measurements throughout the batch cycle. (ii) The emission rate of the process vent or inlet to the control device shall be determined by combining continuous concentration and flow rate measurements at simultaneous points throughout the batch cycle. (iii) The mass flow rate of the control device outlet shall be determined by combining continuous concentration and flow ra te measurements at simultaneous points throughout the batch cycle. (iv) The efficiency of the control device shall be determined by integrating the mass flow rates obtained in clauses (ii) and (iii) of this subparagraph over the time of the batch cycle, and dividing the difference in inlet and outlet mass flow totals by the inlet mass flow total. (C) Performance requirements for flares and vapor combustors. (i) For flares, the performance test requirements of 40 CFR 60.18(b) shall apply. (ii) For vapor combustors, the owner or operator may consider the unit to be a flare and meet the performance test requirements of 40 CFR 60.18(b). (iii) Compliance with the requirements of 40 CFR 60.18(b) will be considered to represent 98% control of the VOC in the flare inlet. (D) Minor modifications. Minor modifi cations to these test methods may be used, if approved by the executive director. (E) Alternate test methods. Test methods other than those specified in subparagraphs (B) and (C) of this paragraph may be used if validated by 40 CFR 63, Appendix A, Test Method 301 (effective December 29, 1992). For the purposes of this paragraph, substitute A executive director @ each place that Test Method 301 references A administrator. @ Adopted December 6, 2000 Effective January 18, 2001 ' 115.166. Monitoring and Recordkeeping Requirements. The owner or operator of each batch process operation in the Beaumont/Port Arthur and Houston/Galveston areas shall maintain the following info rmation for at least five years at the plant, as defined by its air quality account number, except that the five-year record retention requirement does not apply to records generated before December 31, 2000. The owner or operator shall make the information available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area:Texas Commission on Environmental Quality Page 72 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) Vapor control systems. For vapor cont rol systems used to control emissions from batch process operations, records of appropriate pa rameters to demonstrate compliance, including: (A) continuous monitoring and recording of: (i) for a direct-flame incinerator, the exhaust gas temperature in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat exchange. The temperature monitoring device shall have an accuracy of " 0.5 degrees Celsius, or alternatively,

" 1.0%; (ii) for a catalytic incinerator, the exhaust gas temperature immediately before and after the catalyst bed. The temperature monitoring device shall have an accuracy of " 0.5 degrees Celsius, or alternatively, " 1.0%; (iii) for an absorber, either: (I) the scrubbing liquid temperature. The temperature monitoring device shall have an accuracy of " 1.0% of the temperature being monitored in degrees Celsius, or alternatively, " 0.02 specific gravity unit; or (II) the concentration level of volatile organic compounds (VOC) exiting the recovery device based on a detecti on principle such as infrared, photoionization, or thermal conductivity; (iv) for a condenser or refrigeration system, either: (I) the condenser exit temperature. The temperature monitoring device shall have an accuracy of " 1.0% of the temperature being monitored in degrees Celsius, or alternatively, " 0.5 degrees Celsius; or (II) the concentration level of VOC exiting the recovery device based on a detection principle such as infr ared, photoionization, or thermal conductivity; (v) for a carbon adsorption system, as defined in ' 101.1 of this title (relating to Definitions), either: (I) steam flow (using an integrating steam flow monitoring device) and the carbon bed temperature. The steam flow monitor shall have an accuracy of " 10%. The temperature monitor shall have an accuracy of " 1.0% of the temperature being monitored in degrees Celsius, or " 0.5 degrees Celsius, whichever is greater; or (II) the concentration level of VOC exiting the recovery device based on a detection principle such as infr ared, photoionization, or thermal conductivity;Texas Commission on Environmental Quality Page 73 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(vi) for a pressure swing adsorption unit that is the final recovery device, the temperature of the bed near the inlet and near the outlet. The temperature monitoring device shall have an accuracy of " 1.0% of the temperature being monitored in degrees Celsius, or " 0.5 degrees Celsius; and (vii) for a vapor combustor, the exhaust gas temperature in the firebox or in the ductwork immediately downstream of the fi rebox before any substantial heat exchange. The temperature monitoring device shall have an accuracy of " 0.5 degrees Celsius, or alternatively, " 1.0%. Alternatively, the owner or operator of a vapor combustor may consider the unit to be a flare and meet the requirements of subparagraph (B) of this paragraph; (B) for flares, the requirements specified in 40 Code of Federal Regulations ' 60.18(b) and Chapter 111 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter); and (C) for vapor control systems other than those specified in subparagraphs (A) and (B) of this paragraph, records of appropriate operating parameters. (2) Process vents. A record of the following emission stream parameters for each process vent contained in the batch process: (A) the annual mass emission total and documentation verifying these values. If emission estimate equations are used, the documenta tion shall be the calculations coupled with the expected or permitted (if available) number of emission events per year; and (B) the average flow rate in standard cubic feet per minute and documentation verifying these values. (3) Performance test monitoring parameters. Records of the following parameters required to be measured during a performance test required under ' 115.165 of this title (relating to Approved Test Methods and Testing Requirements) and required to be monitored under paragraph (1) of this section: (A) where an owner or operator seeks to demonstrate compliance with ' 115.162 of this title (relating to Control Requirements) through use of either a direct-flame or catalytic incinerator, the average firebox temperature of the incinerator (or the average temperature upstream and downstream of the catalyst bed for a catalytic inci nerator), measured continuously and averaged over the same time period as the performance test; (B) where an owner or operator seeks to demonstrate compliance with ' 115.162 of this title through use of a smokeless flare, the flare design (i.e., steam-assisted, air-assisted, or nonassisted), all visible emissions r eadings, heat content determinations, flow rate measurements, and exit velocity determinations made during the performance test; continuous flare pilot flame monitoring; and all periods of operations during which the pilot flame is absent; andTexas Commission on Environmental Quality Page 74 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(C) where an owner or operator seeks to demonstrate compliance with ' 115.162 of this title: (i) with an absorber as the final control device, the exit specific gravity (or alternative parameter which is a measure of the degree of absorbing liquid saturation, if approved by the executive director) and average exit temperature of the absorbing liquid measured continuously and averaged over the same time period as the performance test (both measured while the vent stream is routed normally); (ii) with a condenser as the control device, the average exit (product side) temperature measured continuously and averaged over the same time period as the performance test while the vent stream is routed normally; (iii) with a carbon adsorption system as the control device, the total steam mass flow measured continuously and averaged over the same time period as the performance test (full carbon bed cycle), temperature of the carbon bed after regeneration (and within 15 minutes of completion of any cooling cycle(s)), and duration of the carbon bed steaming cycle (all measured while the vent stream is routed normally); (iv) the concentration level or reading indicated by an organic monitoring device at the outlet of the absorber, condenser, or carbon adsorption system, measured continuously and averaged over the same time period as the performance test while the vent stream is routed normally; and (v) with a pressure swing adsorption unit as the final recovery device, the temperature of the bed near the inlet and near the outlet. The temperature monitoring device shall have an accuracy of " 1.0% of the temperature being monitored in degrees Celsius, or " 0.5 degrees Celsius. Adopted December 13, 2002 Effective January 17, 2003 ' 115.167. Exemptions. The following exemptions apply. (1) Batch process operations at an account that has total volatile organic compound (VOC) emissions (determined before control but af ter the last recovery device) of less than the following rates from all stationary emission sour ces included in the account are exempt from the requirements of this division (relating to Batch Processes), except for ' 115.161(b) and (c) of this title (relating to Applicability): (A) 50 tons per year (tpy) in the Beaumont-Port Arthur area; andTexas Commission on Environmental Quality Page 75 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(B) 25 tpy in the Houston-Galveston-Brazoria area. (2) The following are exempt from the requirements of this division, except for '' 115.161(b) and (c), 115.164, and 115.166(2) and (3) of this title (relating to Applicability; Determination of Emissions and Flow Rates; a nd Monitoring and Recordkeeping Requirements). (A) Combined vents from a batch process train that have the following annual mass emissions total.

Volatility Range Lower Limit of Annual Mass Emissions Total in pounds per year (lb/yr) Low 26,014 Moderate 15,935 High 23,154

(B) Single unit operations that have an annual mass emissions total of 500 pounds per year or less. Adopted September 28, 2005 Effective October 20, 2005 ' 115.169. Counties and Compliance Schedules. (a) The owner or operator of each batch process operation in Hardin, Jefferson, and Orange Counties at an account that has total volatile or ganic compound (VOC) emissions (determined before control but after the last recovery device) of 100 tons per year or more shall continue to comply with this division (relating to Batch Processes) as required by ' 115.930 of this title (relating to Compliance Dates). (b) The owner or operator of each batch process operation in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Walle r Counties shall demonstrate compliance with this division as soon as practicable, but no later than December 31, 2002. All batch process operations subject to this division in Brazoria, Chambers, Fo rt Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties must continue to comply with the requirements of Division 2 of this subchapter (relating to Vent Gas Control) until these batc h process operations are in compliance with the requirements of this division. (c) The owner or operator of each batch process operation in Hardin, Jefferson, and Orange Counties at an account that has total VOC emissions (determined before control but after the lastTexas Commission on Environmental Quality Page 76 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

recovery device) of 50 tons per year or more but less than 100 tons per year shall demonstrate compliance with this division as soon as practicable, but no later than December 31, 2006. All batch process operations subject to this division in Hardin, Jefferson, and Orange Counties must continue to comply with the requirements of Division 2 of this subchapter until these batch process operations are in compliance with the requirements of this division. Adopted September 28, 2005 Effective October 20, 2005Texas Commission on Environmental Quality Page 1 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER F: MISCELLANEOUS INDUSTRIAL SOURCES DIVISION 1: CUTBACK ASPHALT '' 115.510, 115.512, 115.513, 115.515 - 115.517, 115.519 Effective December 7, 2006

' 115.510. Cutback Asphalt Definitions. The following terms, when used in this division (relating to Cutback Asphalt), shall have the following meanings, unless the context clearly indicates otherwise. Additional definitions for terms used in this division are found in ' 115.10 of this title (relating to Definitions), ' 101.1 of this title (relating to Definitions), and ' 3.2 of this title (relating to Definitions). (1) Asphalt emulsion - An emulsion cons isting of a continuous and discontinuous phase, composed principally of a semisolid or liquid asphaltic base, water, and an emulsifying agent. (2) Conventional cutback asphalt - Any cutback asphalt which does not meet the definition of an exempt cutback asphalt. (3) Cutback asphalt - Any asphaltic cement which has been liquified by blending with petroleum solvents (diluents). (4) Exempt cutback asphalt - Any cutback asphalt which, when tested in accordance with American Society of Tes ting Materials Test Method D 402, A Distillation of Cutback Asphalt Products, @ as published in the 1997 edition of the Annual Book of ASTM Standards , shows the distillate fraction recovered up to 260 degrees Celsius (500 degrees Fahrenheit) to be less than 5.0% by volume of the total distillate recovered up to a temperature of 316 degrees Celsius (680 degrees Fahrenheit). Adopted July 28, 1999 Effective August 18, 1999 ' 115.512. Control Requirements. The following control requirements shall apply in Nueces, Bastrop, Caldwell, Hays, Travis, and Williamson Counties and the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in ' 115.10 of this title (relating to Definitions). (1) The use of conventional cutback asphalt containing volatile organic compounds (VOC) solvents for the paving of roadways, driveways, or parking lots is restricted to no more than 7.0% of the total annual volume averaged over a two-year period of asphalt used by or specified for use by any state, municipal, or county agency who uses or specifies the type of asphalt application.Texas Commission on Environmental Quality Page 2 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(2) In the Beaumont/Port Arthur, Dallas/Fo rt Worth, El Paso, and Houston/Galveston areas and in Bastrop, Caldwell, Hays, Travis, and Williamson Counties, no person shall allow the use, application, sale, or offering for sale of conventional cutback asphalt containing VOC solvents for paving roadways, driveways, or parking lots during the period from April 16 to September 15 of any year. (3) When asphalt emulsion is used or produced, the maximum VOC content shall not exceed 12% by weight or the following limitations, whichever is more stringent: (A) 0.5% by weight for seal coats; (B) 3.0% by weight for chip seals when dusty or dirty aggregate is used; (C) 8.0% by weight for mixing with open graded aggregate with less than 1.0% by weight of dust or clay-like materials adheri ng to the coarse aggregate fraction (1/4 inch in diameter or greater); and (D) 12% by weight for mixing with dense graded aggregate when used to produce a mix designed to have 10% or less voids when fully compacted. Adopted November 17, 2004 Effective December 9, 2004 ' 115.513. Alternate Control Requirements. Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division may be approved by the executive director in accordance with ' 115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent. Adopted July 28, 1999 Effective August 18, 1999 ' 115.515. Testing Requirements. Compliance with ' 115.510 and ' 115.512 of this title (relating to Cutback Asphalt Definitions; and Control Requirements) shall be determined by applying the following test methods, as appropriate: (1) American Society of Testing a nd Materials (ASTM) Test Method D 244, A Standard Test Methods for Emulsified Asphalts, Sections 11 to 15, Residue and Oil Distillate by Distillation, @ as published in the 1997 edition of the Annual Book of ASTM Standards , for determining volatile organic compound (VOC) content of asphalt emulsions;Texas Commission on Environmental Quality Page 3 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(2) ASTM Test Method D 402, A Standard Test Method for Distillation of Cut-Back Asphaltic Products, @ as published in the 1997 edition of the Annual Book of ASTM Standards , for determining the VOC content of cutback asphalt; or (3) minor modifications to these test methods approved by the executive director. Adopted July 28, 1999 Effective August 18, 1999 ' 115.516. Recordkeeping Requirements. In Nueces, Bastrop, Caldwell, Hays, Travis, and Williamson Counties and the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/ Galveston areas, any state, municipal, or county agency who uses or specifies the use of cutback asphalt or asphalt emulsion shall maintain records sufficient to document compliance with applicable re strictions and shall make such records available upon request to representatives of the executive direct or, EPA, or the local air pollution control agency having jurisdiction in the area. Adopted November 17, 2004 Effective December 9, 2004 ' 115.517. Exemptions. For persons in Nueces, Bastrop, Caldwell, Hays, Travis, and Williamson Counties and the Beaumont/Port Arthur, Dallas/Fort Worth, El Pa so, and Houston/Galveston Areas, the following are exempt from the provisions of ' 115.512(2) of this title (relating to Control Requirements): (1) asphalt concrete made with cutback asphalt, used for patching, which is stored in a long-life stockpile (longer than one-month storage); and (2) cutback asphalt used solely as a penetrating prime coat. Adopted November 17, 2004 Effective December 9, 2004 ' 115.519. Counties and Compliance Schedules. (a) All affected persons in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Nueces, Orange, Tarrant, and Waller Counties shall continue to comply with applicable s ections of this division (relating to Cutback Asphalt) as required by ' 115.930 of this title (relating to Compliance Dates). (b) All affected persons in Bastrop, Cald well, Hays, Travis, and Williamson Counties shall comply with applicable sections of this division as soon as practicable, but no later than December 31, 2005.Texas Commission on Environmental Quality Page 4 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(c) All affected persons in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply with applicable sections of this division as soon as practicable, but no later than March 1, 2009. Adopted November 15, 2006 Effective December 7, 2006Texas Commission on Environmental Quality Page 5 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER F: MISCELLANEOUS INDUSTRIAL SOURCES DIVISION 2: PHARMACEUTICAL MANUFACTURING FACILITIES '' 115.531 - 115.537, 115.539 Effective December 7, 2006

' 115.531. Emission Specifications. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in ' 115.10 of this title (relating to Definitions), the owner or operator of a synthesized pharmaceutical manufacturing facility shall sa tisfy the following emission specifications: (1) Reactors, Distillation Units, Crystallizers, Centrifuges, and Vacuum Dryers. The emission of volatile organic compounds (VOC) from these sources shall be controlled by means of surface condensers from which the condenser outlet gas temperature must not exceed the following: When VOC Vapor Pressure Outlet gas

At 68 E F (20 E C) Exceeds Maximum Temperature 5.8 psia (40 kPa) -13 E F (-25 E C) 2.9 psia (20 kPa) 5 E F (-15 E C) 1.5 psia (10 kPa) 32 E F ( 0 E C) 1.0 psia ( 7 kPa) 50 E F ( 10 E C) 0.5 psia (3.5 kPa) 77 E F ( 25 E C) (2) Air Dryers and Exhaust Systems. VOC emissions from all air dryers and production equipment exhaust systems shall be reduced to not more than 33 lbs/day (15 kg/day) or controlled in accordance with ' 115.532(a)(4) of this title (relating to Control Requirements). (3) Loading Facilities. VOC emissions from truck or railcar deliveries to storage tanks at loading facilities shall be controlled in accordance with ' 115.532(a)(4) of this title. (b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a synthesized pharmaceutical manufacturing facility shall sa tisfy the following emission specifications: (1) Reactors, Distillation Units, Crystallizers, Centrifuges, and Vacuum Dryers. The emission of VOC from these sources shall be controlled by means of surface condensers from which the condenser outlet gas temperature must not exceed the following: When VOC Vapor Pressure Outlet gas

At 68 E F (20 E C) Exceeds Maximum Temperature 5.8 psia (40 kPa) -13 E F (-25 E C) 2.9 psia (20 kPa) 5 E F (-15 E C) 1.5 psia (10 kPa) 32 E F ( 0 E C)Texas Commission on Environmental Quality Page 6 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

1.0 psia ( 7 kPa) 50 E F ( 10 E C) 0.5 psia (3.5 kPa) 77 E F ( 25 E C) (2) Air Dryers and Exhaust Systems. VOC emissions from all air dryers and production equipment exhaust systems shall be reduced to not more than 33 lbs/day (15 kg/day) or controlled in accordance with ' 115.532(b)(4) of this title. (3) Loading Facilities. VOC emissions from truck or railcar deliveries to storage tanks at loading facilities shall be controlled in accordance with ' 115.532(b)(4) of this title. Adopted May 8, 1992 Effective August 1, 1992 ' 115.532. Control Requirements. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the owner or operator of a synthesized pharmaceutical manufacturing facility shall provide the following specified controls. (1) Tanks. (A) All in-process tanks that contain volatile organic compounds (VOC) at any time shall be kept covered, except when production, sampling, maintenance, or inspection procedures require operator access. (B) All storage tanks that store VOC shall have pressure vacuum conservation vents installed which are set at plus or minus 0.8 inches of water (plus or minus 0.2 kPa), unless a more effective control system is used. (2) Centrifuges and filters. Centrifuges, ro tary vacuum filters, and other filters having an exposed liquid surface which process liquids containing VOC shall be enclosed. (3) Leaks. (A) All liquid leaks containing VOC from a process unit or storage tank shall be repaired the first time the equipment is off-line long enough to complete the repair. (B) All liquid or gaseous leaks of VOC observed during loading operations shall be repaired immediately. Loading operations shall be discontinued until the leak is repaired. (4) Air dryers, production equipment exhaust systems, and loading facilities. Sources affected by ' 115.531(a) of this title (relating to Emission Sp ecifications) shall be controlled by a system with a reduction efficiency of at l east 90% of the uncontrolled emissions.Texas Commission on Environmental Quality Page 7 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(5) Pharmaceutical manufacturing facility. Any pharmaceutical manufacturing facility that becomes subject to the provisions of paragraphs (1) - (4) of this subsection by exceeding provisions of ' 115.537(a) of this title (relating to Exemptions) will remain subject to the provisions of this subsection, even if throughput or emissions later fall below exemption limits, unless and until emissions are reduced to no more than the controlled emissions level existing before implementation of the project by which throughput or emission rate was reduced to less than the applicable exemption limits in ' 115.537(a) of this title; and: (A) the project by which throughput or emission rate was reduced is authorized by any permit or permit amendment or standard permit or permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permit for New Construction or Modification; and Permits by Rule). If a permit by rule is available for the project, compliance with this subsection must be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or (B) if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner/operator has given the executive director 30 days' notice of the project in writing. (b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a synthesized pharmaceutical manufacturing facility shall pr ovide the following specified controls. (1) Tanks. (A) All in-process tanks that contain VOC at any time shall be kept covered, except when production, sampling, maintenance, or inspection procedures require operator access. (B) All storage tanks that store VOC shall have pressure vacuum conservation vents installed which are set at plus or minus 0.8 inches of water (plus or minus 0.2 kPa), unless a more effective control system is used. (2) Centrifuges and filters. Centrifuges, ro tary vacuum filters, and other filters having an exposed liquid surface which process liquids containing VOC shall be enclosed. (3) Leaks. (A) All liquid leaks containing VOC from a process unit or storage tank shall be repaired the first time the equipment is off-line long enough to complete the repair. (B) All liquid or gaseous leaks of VOC observed during loading operations shall be repaired immediately. Loading operations shall be discontinued until the leak is repaired.Texas Commission on Environmental Quality Page 8 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(4) Air dryers, production equipment exhaust systems, and loading facilities. Sources affected by ' 115.531(b) of this title shall be controlled by a system with a reduction efficiency of at least 90% of the uncontrolled emissions. Adopted April 26, 2002 Effective May 16, 2002 ' 115.533. Alternate Control Requirements. Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Ph armaceutical Manufacturing Facilities) may be approved by the executive director in accordance with ' 115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent. Adopted April 26, 2002 Effective May 16, 2002 ' 115.534. Inspection Requirements. (a) For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following inspection requirements shall apply. (1) Inspection for visible liquid leaks, visi ble fumes, or significant odors resulting from the transfer of VOC from trucks or railcars to st orage tanks at loading facilities shall be conducted by the owner or operator of any pharmaceutical manufacturing facility. (2) VOC loading or unloading through the aff ected transfer lines shall be discontinued immediately when a leak is observed and shall not be resumed until the observed leak is repaired. (b) For all affected persons in Gregg, Nueces , and Victoria Counties, the following inspection requirements shall apply: (1) Inspection for visible liquid leaks, visi ble fumes, or significant odors resulting from the transfer of VOC from trucks or railcars to st orage tanks at loading facilities shall be conducted by the owner or operator of any pharmaceutical manufacturing facility. (2) VOC loading or unloading through the aff ected transfer lines shall be discontinued immediately when a leak is observed and shall not be resumed until the observed leak is repaired. Adopted May 8, 1992 Effective August 1, 1992 ' 115.535. Testing Requirements.Texas Commission on Environmental Quality Page 9 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, compliance with this division (relating to Pharmaceu tical Manufacturing Facilities) shall be determined by applying the following test methods, as appropriate: (1) Test Methods 1-4 (40 Code of Fede ral Regulations (CFR) 60, Appendix A) for determining flow rate, as necessary; (2) Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (4) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ioniza tion or nondispersive infrared analysis; (5) determination of true vapor pressure using American Society of Testing and Materials (ASTM) Test Method D323-82 for the meas urement of Reid vapor pressure, adjusted for actual storage temperature in accordance with API Publication 2517, Third Edition, 1989; or (6) minor modifications to these test methods approved by the executive director. (b) For Gregg, Nueces, and Victoria Counties, compliance with this division shall be determined by applying the following test methods, as appropriate: (1) Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rate, as necessary; (2) Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (4) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ioniza tion or nondispersive infrared analysis; (5) determination of true vapor pressure using ASTM Test Method D323-82 for the measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with API Publication 2517, Third Edition, 1989; or (6) minor modifications to these test methods approved by the executive director.Texas Commission on Environmental Quality Page 10 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Adopted April 26, 2002 Effective May 16, 2002 ' 115.536. Monitoring and Recordkeeping Requirements. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following recordkeeping requirements shall apply. (1) The owner or operator of any pharmaceutical manufacturing facility which utilizes a surface condenser to control emissions of vol atile organic compound (VOC) from process units affected by ' 115.531(a)(1) of this title (relating to Emission Specifications) shall install and maintain monitors to continuously measure and record the ou tlet gas temperature to ensure proper functioning in accordance with design specifications. (2) The owner or operator of any pharmaceutical manufacturing facility which utilizes a vapor recovery system to satisfy the requirements of ' 115.531(a) of this title or ' 115.532(a) of this title (relating to Control Requirements) shall: (A) install and maintain monitors to continuously measure and record operational parameters of all required control devices as necessary to ensure the proper functioning of those devices in accordance with design specifications, including: (i) the exhaust gas temperature of direct-flame incinerators and/or the gas temperature immediately upstream and downstream of any catalyst bed, (ii) the exhaust gas VOC concentration of any carbon adsorption system, as defined in ' 115.10 of this title (relating to Definitions), to determine if breakthrough has occurred, (iii) the total amount of VOC recovered by carbon adsorption or other solvent recovery systems during a calendar month, or (iv) the daily emission rate of VOC from the control device; (B) maintain a record of the dates and reasons for any maintenance and repair of the required control devices and the estimated quantity and duration of VOC emissions during such activities. (3) The owner or operator of any pharmaceutical manufacturing facility which is exempted from the requirements in accordance with the provisions of ' 115.537(a) of this title (relating to Exemptions) shall maintain a record of the following information, as appropriate: (A) the vapor pressure of materials transferred at loading facilities, stored in tanks, or processed in centrifuges and filters; andTexas Commission on Environmental Quality Page 11 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(B) the daily emissions rate of VOC. (4) The owner or operator of any affected pharmaceutical manufacturing facility shall maintain records of any testing conducted at an affected facility in accordance with the provisions specified in ' 115.535(a) of this title (relating to Testing Requirements), and (5) The owner or operator of any affected pharmaceutical manufacturing facility shall maintain all records at the affected facility for atleast two years and make such records available upon request to representatives of the executive direct or, United States Environmental Protection Agency (EPA), or local air pollution control agency. (b) For Gregg, Nueces, and Victoria Counties, the following recordkeeping requirements shall apply. (1) The owner or operator of any pharmaceutical manufacturing facility which utilizes a surface condenser to control emissions of VOC from process units affected by ' 115.531(b)(1) of this title shall install and maintain monitors to continuous ly measure and record the outlet gas temperature to ensure proper functioning in accordance with design specifications. (2) The owner or operator of any pharmaceutical manufacturing facility which utilizes a vapor recovery system to satisfy the requirements of ' 115.531(b) of this title or ' 115.532(b) of this title shall: (A) install and maintain monitors to continuously measure and record operational parameters of all required control devices as necessary to ensure the proper functioning of those devices in accordance with design specifications, including: (i) the exhaust gas temperature of direct-flame incinerators and/or the gas temperature immediately upstream and downstream of any catalyst bed, (ii) in Victoria County, the exhaust gas VOC concentration of any carbon adsorption system, as defined in ' 115.10 of this title, to deter-mine if breakthrough has occurred, (iii) the total amount of VOC recovered by carbon adsorption or other solvent recovery systems during a calendar month, or (iv) the daily emission rate of VOC from the control device; (B) maintain a record of the dates and reasons for any maintenance and repair of the required control devices and the estimated quantity and duration of VOC emissions during such activities.Texas Commission on Environmental Quality Page 12 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(3) The owner or operator of any pharmaceutical manufacturing facility which is exempted from the requirements in accordance with the provisions of ' 115.537(b) of this title shall maintain a record of the following information, as appropriate: (A) the vapor pressure of materials transferred at loading facilities, stored in tanks, or processed in centrifuges and filters; and (B) the daily emissions rate of VOC. (4) The owner or operator of any affected pharmaceutical manufacturing facility shall maintain records of any testing conducted at an affected facility in accordance with the provisions specified in ' 115.535(b) of this title, and (5) The owner or operator of any affected pharmaceutical manufacturing facility shall maintain all records at the affected facility for atleast two years and make such records available upon request to representatives of the executive direct or, EPA, or local air pollution control agency. Adopted April 30, 1997 Effective May 22, 1997 ' 115.537. Exemptions. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions shall apply: (1) Storage tanks at loading facilities with capacities less than or equal to 2,000 gallons (7,571 liters) are exempt from the requirements of ' 115.531(a)(3) of this title (relating to Emission Specifications). (2) Storage tanks at loading facilities that store volatile organic compounds (VOC) with vapor pressures less than or equal to 4.1 psia (28 kPa) at 68 E F (20 E C) are exempt from the requirements of ' 115.531(a)(3) of this title. (3) Storage tanks containing VOC with vapor pressures less than or equal to 1.5 psia (10.3 kPa) at 68 E F (20 E C) are exempt from the requirements of ' 115.532(a)(1)(B) of this title (relating to Control Requirements). (4) Centrifuges and filters which process liquids containing VOC with vapor pressures less than 0.5 psia (3.4 kPa) at 68 E F (20 E C) are exempt from the requirements of ' 115.532(a)(2) of this title.Texas Commission on Environmental Quality Page 13 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(5) Any individual unit which, when uncontrolled, will emit a combined weight of VOC less than 15 lbs. (6.8 kg) in any continuous 24-hour period is exempt from the provisions of ' 115.531(a) and ' 115.532(a) of this title. (b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall apply: (1) Storage tanks at loading facilities with capacities less than or equal to 2,000 gallons (7,571 liters) are exempt from the requirements of ' 115.531(b)(3) of this title. (2) Storage tanks at loading facilities that store VOC with vapor pressures less than or equal to 4.1 psia (28 kPa) at 68 E F (20 E C) are exempt from the requirements of ' 115.531(b)(3) of this title. (3) Storage tanks containing VOC with vapor pressures less than or equal to 1.5 psia (10.3 kPa) at 68 E F (20 E C) are exempt from the requirements of ' 115.532(b)(1)(B) of this title. (4) Centrifuges and filters which process liquids containing VOC with vapor pressures less than 0.5 psia (3.4 kPa) at 68 E F (20 E C) are exempt from the requirements of ' 115.532(b)(2) of this title. (5) Any facility which, when uncontrolled, will emit a combined weight of VOC less than 550 lbs. (249.5 kg) in any continuous 24-hourperiod is exempt from the provisions of ' 115.531(b) of this title and ' 115.532(b) of this title. Adopted April 30, 1997 Effective May 22, 1997 ' 115.539. Counties and Compliance Schedules. (a) All affected persons in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty, Montgomery, Nueces, Orange, Tarrant, Victoria, and Waller Counties shall continue to comp ly with this division (relating to Pharmaceutical Manufacturing Facilities) as required by ' 115.930 of this title (relating to Compliance Dates). (b) All affected persons in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply with this division as soon as practicable, but no later than March 1, 2009. Adopted November 15, 2006 Effective December 7, 2006Texas Commission on Environmental Quality Page 14 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER F: MISCELLANEOUS INDUSTRIAL SOURCES DIVISION 3: DEGASSING OR CLEANING OF STATIONARY, MARINE, AND TRANSPORT VESSELS

'' 115.541 - 115.547, 115.549 Effective June 14, 2007

§115.541. Emission Specifications. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions), the following emission specifications apply to dega ssing during or in preparation of cleaning. (1) For all stationary volatile organic compound (VOC) storage tanks with a nominal storage capacity of one million gallons or more and after January 1, 2009, storage tanks in the Houston/Galveston/Brazoria area with a nominal stor age capacity of 250,000 gallons or greater or with a nominal storage capacity of 75,000 gallons or greater storing materials with a true vapor pressure greater than 2.6 pounds per square inch absolute (psia). (A) No person shall permit VOC emissions with a vapor space partial pressure greater than or equal to 0.5 psia (3.4 kilo Pa scals (kPa)) under actual storage conditions unless the vapors are processed by a vapor control system. (B) The vapor control system must maintain a control efficiency of at least 90%. (C) When conducting degassing or cl eaning operations, no avoidable liquid or gaseous leaks, as detected by sight or sound, may originate from the degassing or cleaning operations. (D) The intentional bypassing of a vapor control device used during degassing or cleaning is prohibited. Any visible VOC leak or iginating from the vapor control device or other associated product recovery device must be repaired as soon as practical. (2) For all transport vessels, as defined in §115.10 of this title, with a nominal storage capacity of 8,000 gallons or more. (A) No person shall permit VOC emissions with a vapor space partial pressure greater than or equal to 0.5 psia (3.4 kPa) under actual storage conditions unless the vapors are processed by a vapor control system. (B) The vapor control system must maintain a control efficiency of at least 90%.Texas Commission on Environmental Quality Page 15 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(C) When conducting degassing or cl eaning operations, no avoidable liquid or gaseous leaks, as detected by sight or sound, may originate from the degassing or cleaning operations. (D) The intentional bypassing of a vapor control device used during degassing or cleaning is prohibited. Any visible VOC leak or iginating from the vapor control device or other associated product recovery device must be repaired as soon as practical. (E) All transport vessels, as defined in §115.10 of this title, must be kept vaportight at all times until the VOC vapors remaining in th e vessel are discharged to a vapor control system. (b) For all persons in the Beaumont/Port Ar thur and Houston/Galveston/Brazoria areas, the following emission specifications apply to degassing duri ng or in preparation of cleaning for all marine vessels, as defined in §101.1 of this title (relating to Definitions), that have a nominal storage capacity of 10,000 barrels (420,000 gallons) or more and contain VOC. (1) No person shall degas or clean a tank that carried a VOC with a vapor partial pressure greater than or equal to 0.5 psia (3.4 kPa) unless the vapors are processed by a vapor control system. (2) The vapor control system must maintain a control efficiency of at least 90%. (3) When conducting degassing or cleaning operations, no avoidable liquid or gaseous leaks, as detected by sight or sound, may originate from the degassing or cleaning operations. (4) The intentional bypassing of a vapor control device used during degassing or cleaning is prohibited. Any visible VOC leak orig inating from the vapor control device or other associated product recovery device must be repaired as soon as possible. (5) All marine vessels, as defined in §101.1 of this title, containing VOC must have all cargo tank closures properly secured, or maintain a ne gative pressure within the tank when a closure is opened, and must have all pressure/vacuum relief valves operating within certified limits as specified by classification society or flag state until the vapors are discharged to a vapor control system if the vessel is degassed or cleaned. Adopted May 23, 2007 Effective June 14, 2007 §115.542. Control Requirements. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions), the following control requirements apply to stationary storage tanks and transport vessels. (1) No person shall permit the degassing or cleaning of volatile organic compoundsTexas Commission on Environmental Quality Page 16 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(VOC) from a stationary storage tank or transpor t vessel unless the vapors are processed by a vapor control system. (2) When degassing or cleaning is effected through the hatches of a transport vessel with a loading arm equipped with a vapor collec tion adapter, then pneumatic, hydraulic, or other mechanical means must be provided to force a vapor -tight seal between the adapter and the hatch. A means must be provided to minimize liquid drainage from the degassing or cleaning device when it is removed from the hatch of any transport vessel or to accomplish drainage before such removal. (3) When degassing or cleaning is effected through the hatches or manways of stationary VOC storage tanks, all lines must be equi pped with fittings that make vapor-tight connections and that are closed when disconnected; or equipped to permit residual VOC in the line to discharge into a recovery or disposal system after degassing or cleaning is complete. (4) Degassing and cleaning equipment must be designed and operated to prevent avoidable VOC leaks. (5) In the Beaumont/Port Arthur, Dallas/ Fort Worth, El Paso, and until January 1, 2009, in the Houston/Galveston/Brazoria areas, vapors must be routed to the control device until a turnover of at least four vapor space volumes has o ccurred, or four turnovers of the vapor space under a floating roof, or the partial vapor pressure is le ss than 0.5 pounds per square inch absolute (psia) (19,000 parts per million by weight (ppmw), or 34, 000 parts per million by volume (ppmv) expressed as methane). After one of these conditions has been satisfied, the storage tank or transport vessel may be vented to the atmosphere for the remainder of the degassing or cleaning process. (6) After January 1, 2009, in the Houston/Galveston/Brazoria area, vapors must be routed to the control device until the VOC measured c oncentration before the inlet to the control device is less than 34,000 ppmv as methane or less than 50% of the lower explosive limit (LEL). After this condition has been satisfied, the storage tank or tran sport vessel may be vented to the atmosphere for the remainder of the degassing or cleaning process provided that the VOC concentration remains below 34,000 ppmv as methane or less than 50% of the LEL. The VOC concentration must be measured once every 12 hours if the storage tank or transport vesse l is vented continuously to the atmosphere, and upon restart of the degassing and cleaning operation if venting to the atmosphere has been suspended for more than four hours. If any measurements of the VOC concentration equal or exceed 34,000 ppmv as methane or are equal to or greater than 50% of the LEL, the storage tank or transport vessel must be routed to the control device until the concentrati on is below 34,000 ppmv as methane or less than 50% of the LEL. While venting to the atmosphere, measurements must continue until five consecutive readings of VOC concentrations collected at 12 hour intervals are measured to be less than 34,000 ppmv or less than 50% of the LEL. (b) For all persons in the Beaumont/Port Ar thur and Houston/Galveston/Brazoria areas, the following control requirements apply to marine vessels.Texas Commission on Environmental Quality Page 17 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(1) No person shall permit the degassing or cleaning of a marine vessel containing VOC unless the vapors are processed by a vapor control system. (2) When degassing or cleaning is effected through the hatches of a marine vessel containing VOC with a loading arm equipped witha vapor collection adapter, then pneumatic, hydraulic, or other mechanical means must be provide d to force a vapor-tight seal between the adapter and the hatch, or a negative pressure inside the cargo tank must be maintained. A means must be provided to minimize liquid drainage from the de gassing or cleaning device and line when they are removed from the hatch of any marine vessel containing VOC or to accomplish drainage before such removal. (3) Degassing and cleaning equipment must be designed and operated to prevent avoidable VOC leaks. (4) In the Beaumont/Port Arthur area and until January 1, 2009, in the Houston/Galveston/Brazoria area, vapors must be routed to the control device until the marine vessel is stripped VOC liquid-free and a turnover of at least four vapor space volumes has occurred, the partial vapor pressure is less than 0.5 psia (19,000 ppmw, or 34,000 ppmv expressed as methane), or the concentration of VOC is less than 20% of the LEL. After one of these conditions has been satisfied, the marine vessel may be vented to the atmosphere for the remainder of the degassing or cleaning process. (5) After January 1, 2009, in the Houston/Galveston/Brazoria area, vapors must be routed to the control device until the VOC measured c oncentration before the inlet to the control device is less than 34,000 ppmv as methane or less than 50% of the LEL. After this condition has been satisfied, the marine vessel may be vented to the atmosphere for the remainder of the degassing or cleaning process provided that the VOC concentra tion remains below 34,000 ppmv as methane or less than 50% of the LEL. The VOC concentration mustbe measured once every 12 hours if the marine vessel is vented continuously to the atmosphere, and upon restart of the degassing and cleaning operation if venting to the atmosphere has been suspended for more than four hours. If any measurements of the VOC concentration equal or exceed 34,000 ppmv as methane or are equal to or greater than 50% of the LEL, the marine vessel must be routed to the control device until the concentration is below 34,000 ppmv as methane or less than 50% of the LEL. While venting to the atmosphere, measurements must continue until fi ve consecutive readings of VOC concentrations collected at 12-hour intervals are measured to be less than 34,000 ppmv or less than 50% of the LEL. Adopted May 23, 2007 Effective June 14, 2007 §115.543. Alternate Control Requirements. For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions), alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels) may be approve d by the executive director in accordance withTexas Commission on Environmental Quality Page 18 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

§115.910 of this title (relating to Availability of Alte rnate Means of Control) if emission reductions are demonstrated to be substantially equivalent. Adopted May 23, 2007 Effective June 14, 2007 §115.544. Inspection Requirements. For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions), the following inspection requirements apply. (1) Inspection for visible liquid leaks, visible fumes, or significant odors resulting from volatile organic compound (VOC) transfer operations must be conducted during each degassing or cleaning operation by the owner or operator of the VOC degassing and cleaning facility. (2) VOC degassing or cleaning through the affected transfer lines must be discontinued when a leak is observed and the leak cannot be repaired within a reasonable length of time. The intentional bypassing of a vapor control device during cleaning or degassing is prohibited. Adopted May 23, 2007 Effective June 14, 2007 §115.545. Approved Test Methods. For the Beaumont/Port Arthur, Dallas/Fort Wo rth, El Paso, and Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions), compliance with §115.541 and §115.542 of this title (relating to Emission Specifi cations and Control Requirements) must be determined by applying the following test methods, as appropriate: (1) Test Methods 1-4 (40 Code of Federa l Regulations (CFR) Part 60, Appendix A) for determining flow rates; (2) Test Method 18 (40 CFR Part 60, A ppendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 25 (40 CFR Part 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (4) Test Methods 25A or 25B (40 CFR Part 60, Appendix A) for determining total gaseous organic concentrations using flame i onization or nondispersive infrared analysis; (5) additional test procedures described in 40 CFR §60.503(b), (c), and (d) (effective February 14, 1989) for determining compliance for bulk gasoline terminals;Texas Commission on Environmental Quality Page 19 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(6) Test Method 21 (40 CFR Part 60, A ppendix A) for determining volatile organic compound (VOC) leaks; (7) determination of true vapor pressure using American Society for Testing and Materials (ASTM) Test Method D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with API Publication 2517, Third Edition, 1989; (8) Test Method 27 (40 CFR Part 60, A ppendix A) for determining tank-truck leaks; (9) 40 CFR §63.565(c) (effective September 19, 1995) or 40 CFR §61.304(f) (effective October 17, 2000) for determination of marine vessel vapor tightness; (10) minor modifications to these testmethods approved by the executive director; or (11) VOC concentration measurements required by §115.542(a)(6) and (b)(5) of this title (relating to Control Requirements) must be pe rformed using one of the methods or measurement instruments listed in subparagraphs (A) – (F) of this paragraph. (A) Test Method 21 (40 CFR Part 60, Appendix A). The instrument response factor criteria in §8.1 of the United States E nvironmental Protection Agency Method 21 may be determined using the average composition of the liquid in the tank rather than for each individual liquid. (B) Test Method 18 (40 CFR Part 60, Appendix A) except that only one bag sample needs to be collected for each concentration measurement. (C) Bag samples, provided the means of collecting the sample and the type of bag used are appropriate and representative of the type of space being sampled and the analytical method used to evaluate bag contents are appropriate for the concentration levels and compound types. (D) Test Method 25A (40 CFR Part 60, Appendix A). (E) Portable hydrocarbon gas analyzer using an appropriate detector that is effective in the concentration range being measured and calibrated with compounds of interest in each case. Analyzers must be calibrated and mainta ined according to manufacturer’s specifications. (F) Lower explosive limit detector. The detector must be calibrated and maintained according to manufacturer’s specifications. Adopted May 23, 2007 Effective June 14, 2007 §115.546. Monitoring and Recordkeeping Requirements. For facilities in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, andTexas Commission on Environmental Quality Page 20 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions) affected by §115.541 and §115.542 of this title (relating to Emission Specifications and Control Requirements), the owner or operator of any volatile organic compound (VOC) degassing or cleaning facility shall maintain the following information at the facility for at least two years and shall make such information available upon request to representatives of the executive dir ector, the United States Environmental Protection Agency, or any local air pollution control agency having jurisdiction in the area: (1) for storage tank, transport vessel, or marine vessel degassing or cleaning operations: (A) a record of the type and number of all transport vessels, stationary VOC storage tanks, and marine vessels that are degassed or cleaned at the affected facility; (B) the chemical name and estimated liquid quantity of VOC contained in each vessel prior to degassing or cleaning; (C) the chemical name and estimated liquid quantity of VOC removed from each storage tank, transport vessel, or marine vessel; and (D) after January 1, 2009, in the Houston/Galveston/Brazoria area, a record of the measurements of VOC concentration or percent of lower explosive limit from the storage tank, transport vessel, or marine vessel being degassed while the tank or vessel is vented to the atmosphere; (2) for vapor control systems: (A) continuous monitoring and recording of the exhaust gas temperature immediately downstream of a direct-flame incinerator; (B) continuous monitoring and recording of the inlet and outlet gas temperature of a catalytic incinerator; and (C) continuous monitoring and recording of the exhaust gas VOC concentration for carbon adsorption systems that contain facilities to regenerate the carbon bed directly, as defined in §115.10 of this title (relating to Definitions); or periodic monitoring of the exhaust gas VOC as specified by 40 Code of Federal Regulations §61. 354(d) (effective October 17, 2000), of any carbon adsorption system that does not regenerate the carbon bed directly, to determine breakthrough; (3) the results of any leak inspection and repair conducted in accordance with the provisions specified in §115.544 of this title (relating to Inspection Requirements); and (4) the results of any testing conducted in accordance with the provisions specified in §115.545 of this title (relating to Approved Test Methods).Texas Commission on Environmental Quality Page 21 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Adopted May 23, 2007 Effective June 14, 2007 §115.547. Exemptions. For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston/Brazoria areas as defined in §115.10 of this title (relating to Definitions), the following exemptions apply. (1) Degassing or cleaning any storage tank, transport vessel, or marine vessel with a vapor space partial pressure less than 0.5 pounds per squa re inch absolute (psia) (3.4 kilo Pascals) of volatile organic compound (VOC) under actual storage c onditions is exempt from the requirements of this division (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels). (2) Degassing or cleaning any transport ve ssel with a nominal storage capacity of less than 8,000 gallons, or any stationary VOC storage ta nk with a nominal storage capacity of less than 1 million gallons, or any marine vessel with a nominal storage capacity of less than 10,000 barrels (420,000 gallons), is exempt from the requirements of this division. After January 1, 2009, stationary VOC storage tanks in the Houston/Galveston/Brazori a area with a nominal storage capacity and vapor pressure of stored liquid as listed in subparagraphs (A) and (B) of this paragraph are no longer exempt from the requirements of this division. (A) Storage tanks with nominal st orage capacity greater than or equal to 250,000 gallons but less than 1 million gallons. (B) Storage tanks with nominal stor age capacity greater than or equal to 75,000 gallons but less than 250,000 gallons storing materials with true vapor pressure greater than 2.6 psia. (3) Any stationary VOC storage tank dur ing preventative maintenance, roof repair, primary seal inspection, or removal and installation of a secondary seal, if product is not moved in or out of the storage tank, emissions are minimized, a nd the repair is completed within seven calendar days, is exempt from the requirements of this division. (4) Any marine vessel that has sustained damage that prevents a cargo tank's opening from being properly secured, causes the onboard vapor recovery system to be inoperative, or prevents the pressure/vacuum relief valves from operating w ithin certified limits as specified by classification society or flag state is exempt from §115.541(b) and §115.542(b) of this title (relating to Emission Specifications and Control Requirements); however, all reasonable measures must be taken to minimize VOC emissions. (5) Any oceangoing, self-propelled marine vessel is exempt from the degassing or cleaning requirements of this division.Texas Commission on Environmental Quality Page 22 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

Adopted May 23, 2007 Effective June 14, 2007 §115.549. Counties and Compliance Schedules. (a) All affected persons in the Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller Counties shall continue to comply with this division (relating to Degassing or Cleaning of Sta tionary, Marine, and Transport Vessels) as required by §115.930 of this title (relating to Compliance Dates). (b) All affected persons in Collin, Dallas, Denton, and Tarrant Counties shall be in compliance with this division as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the national ambient air quality standard (NAAQS) for ozone by the attainment deadline or failure to demonstrate reasonable further progress as set forth in the 1990 Amendments to the Federal Clean Air Act (FCAA), §172(c)(9). (c) All affected persons in El Paso County shall be in compliance with this division as soon as practicable, but no later than one year, after the co mmission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the NAAQS for ozone by the attainment deadline or failure to demons trate reasonable further progress as set forth in the 1990 Amendments to the FCAA, §172(c)(9). (d) All affected persons in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall comply with the requirements in §115.542(a)(6) and (b)(5), and §115.546(1)(D) of this title (relating to Contro l Requirements and Monitoring and Recordkeeping Requirements) as soon as practicable but no later January 1, 2009. Adopted May 23, 2007 Effective June 14, 2007Texas Commission on Environmental Quality Page 23 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER F: MISCELLANEOUS INDUSTRIAL SOURCES DIVISION 4: PETROLEUM DRY CLEANING SYSTEMS '' 115.552, 115.553, 115.555 - 115.557, 115.559 Effective May 16, 2002

' 115.552. Control Requirements. (a) For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in ' 115.10 of this title (relating to Definitions), the owner or operator of any dry cleaning facility which uses petroleum-based solvents shall not operate the f acility unless the following requirements are satisfied. (1) Dryers. The owner or operator of a dry cleaning facility shall either: (A) install, maintain, and operate a solvent-recovery dryer that recovers at least 85% by weight of the used petroleum solvent; (B) install, maintain, and operate a petroleum dry-to-dry dryer that recovers at least 85% by weight of the used petroleum solvent; or (C) route the exhaust air stream from the standard dryer to any other properly functioning control device which reduces the total emissions of volatile organic compounds (VOC) to the atmosphere by at least 85% by weight. (2) Filtration systems. The owner or opera tor of a petroleum solvent filtration system shall either: (A) install, maintain, and operate a car tridge filtration system according to the manufacturer's recommendations. The owner or operator shall drain all filter cartridges in their closed housings for at least eight hours before their removal; or (B) maintain and operate a regenerative filter or any other filtration medium according to the manufacturers' recommendations. The owner or operator shall drain the filter medium in its closed housing for at least eight hours before its removal. Upon removal, the owner or operator shall directly place the filter medium in disposable vapor tight containers or bags and shall keep these containers or bags vapor tight at all times until they are properly landfilled. (3) Fugitive emissions. The owner or operator shall ensure that: (A) there are no visual, audible, or sm ellable leaks from any portion of the dry cleaning equipment. Visual inspection of all equi pment and system components shall be conducted at least weekly;Texas Commission on Environmental Quality Page 24 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(B) all washer and dryer traps, access doors, and other parts of the equipment where solvent may be exposed to the atmosphere are kept closed at all times except when required for proper operation or maintenance; (C) all solvent-contaminated waste materials are stored in closed containers prior to proper disposal; (D) repair of any visual, audible, orolfactory leak in any portion of the equipment shall be completed within three working days from the time the leak is detected. If necessary repair parts are not on hand, the owner or operator shall order the necessary parts within three working days and shall repair the leak no later than three working days after the parts arrive. (b) Any petroleum solvent dry cleaning facility that becomes or is currently subject to the control requirements of subsection (a) of this section by exceeding the exemption limit of ' 115.157 of this title (relating to Exemptions) shall remain subjectto the provisions of this section, even if its consumption of petroleum solvent later falls below the exemption level, unless and until its uncontrolled solvent consumption is reduced to no more than its solvent consumption level before lifting controls; and: (1) the project by which solvent consumption was reduced is authorized by any permit or permit amendment or standard permit or permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Permits by Rule). If a permit by rule is available for the project, compliance with this subsection shall be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or (2) if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner/operator has given the executive director 30 days' notice of the project in writing. Adopted April 26, 2002 Effective May 16, 2002 ' 115.553. Alternate Control Requirements. For all affected persons in the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in ' 115.10 of this title (relating to Definitions), alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this undesignated head (relating to Petroleum Dry Cleaning Systems) may be approved by the executive director in accordance with ' 115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent. Adopted April 30, 1997 Effective May 22, 1997Texas Commission on Environmental Quality Page 25 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

' 115.555. Testing Methods and Procedures. (a) To demonstrate initial compliance with the provisions of ' 115.552(a)(1)(A) of this title (relating to Control Requirements), the owner or opera tor of an affected facility shall perform an initial test to verify that the flow rate of recovered solvent from the recovery dryer is no greater than 1.7 fluid ounces per minute (50 milliliters per minute) at the termin ation of the recovery cycle. The test shall be conducted for the duration of one week during which no less than 50% of the dryer loads shall be monitored for their final recovered solvent flow rate. The location point for measuring the flow rate of recovered solvent shall be the outlet of the solvent-wa ter separator. Near the end of the recovery cycle the entire flow of recovered solvent shall be divertedto a graduated cylinder. As the recovered solvent collects in the graduated cylinder the elapsed time is monitored and recorded in periods of greater than or equal to one minute. At the same time, the volume of solvent in the graduated cylinder is monitored and recorded to determine the volume of recovered solvent that is collected during each time period. The recovered solvent flow rate is calculated by di viding the volume of solvent collected per period by the length of time elapsed during the period and conve rting the results with appropriate factors into units of ounces or milliliters per minute. The recovery cycle and the monitoring procedure should continue until the flow rate of solvent is less than or equal to 1.7 fluid ounces per minute (50 milliliters per minute). (b) To demonstrate initial compliance with the provisions of ' 115.552(a)(1)(C) of this title, the owner or operator of an affected facility shall apply the following test methods, as appropriate: (1) Test Methods 1-4 (40 Code of Fede ral Regulations (CFR) 60, Appendix A) for determining flow rate, as necessary; (2) Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (4) Test Methods 25A (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ionization ornondispersive infrared analysis; or (5) one of the above test methods with minor modifications as approved by the Executive Director. Adopted May 4, 1994 Effective May 27, 1994 ' 115.556. Recordkeeping Requirements.Texas Commission on Environmental Quality Page 26 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(a) For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in ' 115.10 of this title (relating to Definitions), the owner or operator of any dry cleaning facility which uses petroleum-based solvent shall maintain records of monthly solvent consumption for at least two rolling years in a readily accessible location at the plant site . Solvent consumption of the previous consecutive 12 months shall be calculated monthly and used for determining if the exemption threshold in ' 115.557 of this title (relating to Exemptions) has been exceeded. (b) For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in ' 115.10 of this title, the owner or operator of a dry cleaning facility subject to the requirements of ' 115.552 of this title (relating to Control Requirements) shall maintain: (1) records of the performance test required under the provisions of ' 115.555(a) of this title (relating to Test Methods and Procedures) if the facility elects to comply with the control requirements of ' 115.552(a)(1)(A) of this title; (2) documentation which demonstrates compliance with the provisions of ' 115.555(b) of this title if the facility elects to comply with the control requirements of ' 115.552(a)(1)(C) of this title. Adopted May 4, 1994 Effective May 27, 1994 ' 115.557. Exemptions. For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in ' 115.10 of this title (relating to Definitions), any petroleum solvent dry cleaning facility that consumes less than 2,000 gallons of petroleum solvent per year is exempted from the requirements of ' 115.552(a)(1) of this title (relating to Control Requirements.) Adopted May 4, 1994 Effective May 27, 1994 ' 115.559. Counties and Compliance Schedules. (a) All affected petroleum solvent dry cleani ng facilities in Collin, Dallas, Denton, and Tarrant Counties shall be in compliance with this division (r elating to Petroleum Dry Cleaning Systems) as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the national ambient air quality standard (NAAQS) for ozone by the attainment deadline or failure to demonstrate reasonable further progress as set forth in the 1990 Amendments to the Federal Clean Air Act, ' 172(c)(9).Texas Commission on Environmental Quality Page 27 Chapter 115 - Control of Air Pollution from Volatile Organic Compounds

(b) All affected petroleum solvent dry clean ing facilities in El Paso County shall be in compliance with '' 115.552, 115.553, and 115.555-115.557 of this title as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the NAAQS for ozone by the attainment deadline or failure to demons trate reasonable further progress as set forth in the 1990 Amendments to the Federal Clean Air Act, ' 172(c)(9). (c) All affected petroleum solvent dry cleani ng facilities in Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller Counties shall be in compliance with '' 115.552, 115.553, and 115.555-115.557 of this title as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the NAAQS for ozone by the attainment deadline or failure to demons trate reasonable further progress as set forth in the 1990 Amendments to the Federal Clean Air Act, ' 172(c)(9). (d) Any petroleum solvent dry cleaning fac ility that becomes subject to the control requirements of ' 115.552(a)(1) of this title by exceeding the exemption threshold as identified in ' 115.557 of this title shall be in compliance as soon as practicable, but no later than two years from the time the exemption level was exceeded. Adopted April 26, 2002 Effective May 16, 2002