1 Technical Support Document

March 2015

Regulations to Control Volatile Organic Co mpound Emissions from Degassing of Storage Tanks, Transport Vessels and Marine Vessels in the Houston/Galveston/Brazoria (HGB), Beaumont Port Arthur (BPA), Dallas- Ft. Worth (DFW) and El Paso Areas.

EPA-R06-OAR-2011-0079

Background

On July 18, 1997, the Environmental Protection Agency (EPA) promulgated an 8-hour ozone national ambient air quality sta ndard (NAAQS), known as the 1997 ozone standard of 0.08 parts per million (ppm), which was more protective than the previous 1-hour ozone standard (62 FR 38855). On April 30, 2004, EPA published designati ons and classifications for the 1997 8-hour ozone standard (69 FR 23858). The HGB area, which consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgo mery 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 recl assified the area as a severe ozone nonattainment

area with an attainment date no la ter than June 15, 2019 (73 FR 56983).

On March 27, 2008 (73 FR 16436), the EPA prom ulgated a revised 8-hour ozone NAAQS of 0.075 ppm, known as the 2008 ozone standar d. On April 30, 2012, the EPA promulgated designations under the 2008 ozone standard (77 FR 30088) and in that action, the EPA designated 10 counties in the DFW area as a Mode rate ozone nonattainment area: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise. Also in the action at 77 FR 30088, the EPA designated the HGB area as a Marginal ozone nonattainment area.

Volatile organic compounds (VOC) and oxide s of nitrogen (NOx) are known as “ozone precursors”, as they react with oxygen and sunlig ht to form ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors and chemi cal solvents emit NOx and VOCs. Controlling

sources of NOx and VOC emissions can lo wer ozone levels in the ambient air.

Sections 172(c)(1) and 182 of th e Clean Air Act (CAA) require oz one nonattainment areas that

are classified as moderate or above for ozone nonattainment to adopt Reasonably Available Control Technology (RACT) requirements for sour ces that are subject to Control Techniques Guidelines (CTGs) issued by EPA and for “m ajor sources” of volat ile organic compounds (VOCs) and nitrogen oxides (NOx). RACT is de fined as the lowest emissions limitation that a particular source is capable of meeting by the ap plication of control tech nology that is reasonably available considering technological and econom ic feasibility (44 FR 53762; September 17, 1979). The Act also requires states to establis h Rate of Progress (RoP) plans to ensure the capacity of a state to meet emission reduction goa ls in case an area is not able to achieve attainment as designated by regulation.

Degassing emissions occur when gas or vapor is re moved from a storage tank, transport vessel or marine vessels. This generally occurs when a tank or vessel is being prepared for a change of service or as part of required maintenance. VOC emissions could total several thousand tons per year from tanks and vessels across an industr ial area. In 2003 the stat e has estimated that2 unreported or underreported floati ng roof landing loss emissions alone in the HGB area totaled approximately 7,250 tons in 2003. A subsequent an alysis of degassing emissions in the DFW core counties estimated as much as 0.2 tons per day of VOC emissions would be reduced if the 90 % control requirement were implemented. As a result, the State revised its VOC control regulations to help reduce emissions from these sources in the HGB area.

EPA originally approved the Texas VOC regulati ons for Degassing or Cleaning of Stationary and Transport Vessels (30 TAC 115, Subchapter F, Division 3) as part the Texas SIP in 1997, under the 1-hour ozone standard. (62 FR 27966, May 22, 1997) That action approved VOC

control measures on sources in the HGB and BPA areas and approved the same measures to be used as contingency measures in the DFW and El Paso areas if either of those nonattainment

areas did not meet their ozone attainment da tes. Subsequent changes to the Chapter 115 Degassing and Cleaning regulations affecting the HGB and DFW ar eas were adopted into the SIP on March 29, 2010 (75 FR 15348), January 14, 2009 (74 FR 1903) and April 2, 2013 (78 FR 19599). On May 21, 2010 the TCEQ invoked the conti ngency measure in the DFW area after the

area failed to attain the 1997 ozone standa rd by June 15, 2010. (35 TexReg 4268, May 21, 2010) Affected tanks and vessels in the DFW area core counties, Collins, Dallas, Denton and Tarrant counties were required to comply with Chapter 115, Subchapter F, Divi sion 3 control standards as of May 21, 2011. The State of Texas adopted the current revisions to 115 on February 11, 2011 and submitted them to the EPA for inclusion into the SIP on February 18, 2011, including implementing contingency measures for sources in the core DFW counties.

Three public hearings for the proposed revisions were held on September 7, 2010 in Austin, September 8, 2010 in Houston and September 9, 2010 in Ft. Worth. The hearings were not officially opened because none of the attendees i ndicated a desire to provide comment. However,

the State did receive comments from EPA a nd others. EPA’s comment and others were addressed by the TCEQ. The State’s response to the comments can be found in the SIP submittal to EPA, which is part of the electroni c docket (Docket number EPA-R06-OAR-2011-0079).

Requirements to Control VOC Emissions

The revision amends Chapter 115 of Title 30 of the Texas Administrative Code (30 TAC 115), Subchapter F Division 3 (Degassi ng of Stationary, Marine and Transport Vessels) by repealing the existing sections 115.541, 115.542 and 115.545, adopts new sections 115.540 – 115.542 and 115.545 and amends existing sections115.543. 115.544, 115.546, 115.547 and 115.549.

 Specifically the revision: Changed the title from “Degassing and Cl eaning of Stationary, Marine and Transport Vessels” to “Degassing of Stationary, Marine and Transport Vessels” within the title of Subchapter F, Division 3.

 Simplifies and clarifies the requirements of the regulation by consolidating emission specification and control require ments, defining terms commonly used in the division and making formatting changes to comply with current style and format requirements of the state.

 Adopts additional options for de monstrating the VOC concentra tion in tanks or vessel being degassed do not increase above the concentra tion limits established in the control requirements section of the regulation;3  Requires recordkeeping to validate compliance;

 Allows the use of a recirculation system to meet control requiremen ts, with appropriate monitoring to assure eff ectiveness of the system;

 Explicitly requires the flare flame, as well as th e flare pilot, be lit at all times VOC vapors are

vented to a flare for control during degassing operations; and

 Allows the use of an option to limit the VOC con centration at the outlet of a control device to less than 500 ppm(v) at 0% oxygen, dry basis expressed as methane to demonstrate compliance.

Table 1 is a summary of the revision by section.

Table 1. Summary of Revision to 30 TAC §115
Subchapter F, Division 3, Degassing of Stationary, Marine and Transport Vessels

Title Revised Revision Reason Revision is Approvable

Subchapter F,

Division 3 Title Changed Title from “Degassing and Cleaning of Stationary, Marine and Transport Vessels” to “Degassing of Stationary, Marine and Transport Vessels” within the title of Subchapter F, Division 3. Does not change applicability or

level of VOC reductions achieved by this rule.

Section Revised Revision Reason Revision is Approvable

§115.540 Applicability and

Definitions New applicability and definitions added. Adds applicability and definition to clarify rules. Establishes consistency with other Chap §115 rules and improves readability. Additional section will clarify applicability of degassing requirements and responsibilities of affected owners and operators (O/O). §115.540(a) New applicability section. Clarifies applicability to dega ssing of storage tank, transport vessel and marine vessel containing volatile organic liquids with vapor pressure equal to or greater than 0.5 pounds per square inch absolute (psia). Helps define universe of

affected sources.

§115.540(a)(1) New applicability section. Defines applicability in the Beaumont-Port Arthur (BPA) area, as defined in §115.10. Applies to any storage tank, transpor t vessel, or marine

vessel. Helps to clarify applicability of regulation in the Beaumont-Port

Arthur area.

§115.540(a)(2) New applicability section. Defines applicability in Dallas-Ft. Worth (DFW) area, as defined in §115.10. Applies to any storage tank, or transport vessel. Helps to clarify applicability of regulation in the Dallas-Ft.

Worth area.

§115.540(a)(3) New applicability section. Defines applicability in El Paso area, as defined in Helps to clarify that of regulation would apply to4 §115.10. Applies to any storage tank, or transport vessel. sources in EL Paso are if the

need arose in the future.
§115.540(a)(4) New applicability section. Definesapplicability in the Houston-GalvestonBrazoria (HGB) area, as defined in §115.10. Applies to any storage tank, transport vessel,

or marine vessel. Helps to clarify applicability of regulation in the Houston–

Galveston-Brazoria area.

§115.540(b)

Definitions Definitions and terms have meaning commonly used in field of air pollution control, unless specifically defined in the

Texas Clean Air Act. Helps to clarify terminology

used in the section.

§115.540(b)(1) Defines “Cleaning” to mean the process of washing or rinsing a storage tank, transport vessel, or marine vessel or removing sludge or rinsing liquid from a storage tan, transport vessel, or marine vessel. Helps to clarify terminology

used in the section.

§115.540(b)(2) Defines “Degassing” to mean the process of removing volatile organic vapor from a storage tank, transport vessel, or marine vessel during, or in pr eparation of, cleaning. Helps to clarify terminology

used in the section.

§115.540(b)(3) Defines “Drain-dry floating roof tank” to mean a floating roof tank designed to completely drain its contents to a sump and leave no free standing liquids in the tank or

sump. Definition is consistent with API Technical Report 2568 and meets current industry terminology.

§115.540(b)(4) Defines “Recirculation System” to mean a vapor tight system composed of piping, ductwork, connections, flow inducing devices, and a control device. The system conducts volatile organic vapor from a storage tank, transport vessel, or marine

vessel to the control device and the exhaust

from the control device back to the same tank

or vessel. It does not include the tank or

vessel itself. Helps to clarify terminology used in the section and fully describe the new control option.

§115.540(b)(5) Defines “Storage Capacity” to mean the volume of a storage tank as determined by multiplying the internal cross-sectional area of the tank by the average internal height of the tank shell or the volume of a transport vessel or marine vessel as determined by the manufacturer’s origin al design capacity. Helps to clarify terminology

used in the section.

§115.540(b)(6) Defines “Storage Tank” to mean a stationary vessel, reservoir or co ntainer used to store volatile organic compounds. It does not include components that are not directly Helps to clarify terminology

used in the section.5 involved in the containment of liquids or vapors, subsurface caverns or porous rock reservoirs or process tanks or vessels. §115.540(b)(7) Defines “Vapor Tight” to mean the condition that exists when no component of a system has a leak greater than 500 parts per million expressed as methane measure using Method 21 (40 CFR Part 60, Appendix A-7). Helps to clarify terminology

used in the section.

§115.541

Emission Specifications Existing 115.541 repealed and replaced with a new, reformatted section. Previously approved requirements are incorporated into new §115.541 or in new §115.542. §115.541(a) Requires all volatile organic compounds (VOC) vapors be routed to a control device per requirements of §115.542. This section does not apply if measured VOC concentration is under 34,000 parts per million by volume (ppmv), as methane, or 50% of lower explosive limit (LEL). This requirement will prevent or reduce VOC emissions by requiring VOC vapors to be controlled before venting to the atmosphere. Incorporates previously approved §115.541(a)(1)(A), (2)(A), and (b)(2) and does not impose new requirements. Clarifies applicability. §115.541(b) Prohibits intentiona l bypassing of a control device used to comply with this division. Requires repair of visible VOC leaks originating from the control device, or other associated product recovery device as soon as practical. Clarifies responsibility of O/O. Incorporates previously approved §115.541(a)(1)(D), (2)(D), and (b)(4) and does not impose new requirements.

§115.541(c) Prohibits avoidable liquid or gaseous leaks, as detected by sight or sound, originating from degassing operations. Prevents direct contact of VOC vapors with atmosphere. Incorporates previously approved §115.541(a)(1)(C), (2)(C), and (b)(3) and does not impose new requirements.§115.541(d) Requires a transport vessel by kept vaportight at all times until the VOC vapors are

routed to a control device. Prevents direct contact of uncontrolled VOC vapors with atmosphere. Incorporates previously approved §115.541(a)(2)(E) and does not impose new requirements. §115.541(e) Requires marine vessels to meet (e)(1) and (e)(2) below. Prevents direct contact of uncontrolled VOC vapors with atmosphere. Incorporates previously approved §115.541(b)(5), reformatted to meet current regulation writing6 standards, and does not impose new requirements. §115.541(e)(1) Requires marine vessels to have all cargo tank closures properly secured or maintain a negative pressure within the vessel when a closure is opened Incorporates elements of previously approved §115.541(b)(5) and does not impose new requirements. §115.541(e)(2) Requires marine vess els to have all pressure or vacuum relief valves operating within certified limits, as specified by the classification society or flag state, until the VOC vapors are routed to a control device. Incorporates elements of previously approved §115.541(b)(5) and does not impose new requirements.

§115.541(f) Requires VOC vapors from a floating roof storage tank that is not a drain-dry floating

roof tank be routed to a control device as soon as practical. Reduces VOC emissions by limiting the time and amount of uncontrolled VOC vapors that are exposed to the atmosphere. Clarifies applicability. §115.541(f)(1) Requires VOC vapors from a floating roof storage tank that is not a drain-dry floating

roof tank be routed to a control device as soon as practical, but no later than 24 hours after the tank has been emptied to the extent practical or the drain pump loses suction for a floating roof tank containing VOC liquids with a true vapor pressure greater than or equal to 1.5 psia under actual storage

conditions. Reduces VOC emissions by limiting the time and amount of uncontrolled VOC vapors that are exposed to the atmosphere.

§115.541(f)(2) Requires VOC vapors from a floating roof storage tank that is not a drain-dry floating

roof tank be routed to a control device as soon as practical, but no later than 72 hours after the tank has been emptied to the extent practical or the drain pump loses suction for a floating roof tank containing VOC liquids with a true vapor pressure less than 1.5 psia under actual storage conditions. Reduces VOC emissions by limiting the time and amount of uncontrolled VOC vapors that are exposed to the atmosphere.

§115.541(f)(3) Requires VOC vapors from a floating roof storage tank that is not a drain-dry floating

roof tank be routed to a control device as soon as practical, but no later than the time limit specified in a permit issued under Chapter 116 of the title relating to Control of Air Pollution by Permits for New construction or Modification up to a

maximum of 72 hours after the tank has been emptied to the extent practical or the drain pump loses suction. Reduces VOC emissions by limiting the time and amount of uncontrolled VOC vapors that are exposed to the atmosphere.7 §115.542

Control Requirements Existing 115.542 is repealed and replaced with a new, reformatted section. Previously approved requirements are incorporated into the new §115.542. §115.542(a) New Section details the options for control requirements used to comply with §115.541. (Note that existing requirements of 115.542(a)(5) are repealed.) Reformatting options will not

reduce the effectiveness of previously approved control options. Removing previously approved compliance options of §115.542(a)(5) will improve

control of VOCs in the affected

areas. §115.542(a)(1) Require control device by operated with an efficiency of at least 90% and in a manner consistent with how the device was operated during the control efficiency demonstration require in §115.544(c) of this title. Includes requirements previously approved in §115.541(a)(1)(B), (2)(B) and (b)(2) and clarifies O/O responsibilities in operating the

control device. §115.542(a)(2) Allows control device to be a flare designed and operated in accordance with 40 CFR 60.18(b)-(f) and that the flare be lit at all times when VOC vapors are routed to the

flare. New control opti on will provide

for effective control of VOC emissions, when this option is

chosen.

§115.542(a)(3) Allows control device to be a recirculation system that does not cause the pressure inside the tank or vessel to increase by more than one inch water pressure above atmospheric pressure at any time during the degassing operation. New control opti on will provide

for effective control of VOC emissions by recirculation back

to the source.

§115.542(a)(4) Require VOC concentrat ion at the outlet of the control device to be less than 500 ppm(v) at 0% oxygen, dry basis, expressed as

methane. New control option will provided for effective control of

VOC concentration at the outlet

of a control device. §115.542(b) Requires VOC vapors be routed to a control

device until the VOC concentration before

the inlet to the control device is less than 34,000 ppm(v) expressed as methane or less than 50% of the lower explosive limit. After one of the conditions has been satisfied, the tank or vessel may be vented to the atmosphere without control for the remainder of the degassing operation, except as specified in §115.544(b)(4) of this title. (Note that existing requirements of 115.542(b)(4) are repealed.) New subsection expands applicability of the requirement

to areas other than HGB. Includes previously approved §115.542(a)(6) and (b)(5) that applied in HGB area. VOC reductions previously approved will not be altered. Expanding applicability to DFW, BPA and potentially El Paso will reduce

the VOC emissions in those areas. Removing previously approved compliance options of §115.542(b)(4) will improve8 control of VOCs in the affected

areas. §115.542(c) Degassing equipment must be designed and operated to prevent avoidable liquid or gaseous VOC leaks. Clarifies O/O responsibility to prevent VOC leaks, both gaseous and liquid. Includes previously approved §115.542(a)(4) and b(3). §115.542(d) When degassing is done through the hatches or manways of a storage tank, all lines mustbe equipped with fittings that make vaportight connections and th at are closed when disconnected or equipped to discharge

residual VOC in the line into a closed recovery or disposal system after degassing or cleaning is complete. Improves overall reduction of VOC emissions by clarifying recovery or disposal system

must be closed to minimize emissions. Includes previously approved §115.54(a)(3).

§115.542(e) When degassing is done through the hatches of a transport vessel with a loading arm equipped with a vapor collection 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 equipment when it is removed from the hatch or to accomplish drainage

before such removal. Contains same requirements in previously approved §115.542(a)(2). No reduction in

VOC emissions will result from this change.

§115.542(f) When degassing is done through the hatches of a marine vessel with a loading arm equipped with a vapor collection adapter, then pneumatic, hydraulic, or other mechanical means must be provided to force a vapor-tight seal between the adapter and the hatch or a negative pres sure inside the cargo

tank must be maintained. A means must be provided to minimize liquid drainage from the degassing or cleaning equipment when it is removed from the hatch or to accomplish drainage before such removal. Contains same requirements in previously approved §115.542(b)(2). No reduction in

VOC emissions will result from this change.

§115.543 Alternate control Requirements Non-substantive wording changes are made to comply with TCEQ’s current rule formatting standards. No VOC reductions will result from these editorial changes.

§115.544 Inspection, Monitoring and Testing Requirements Added “monitoring, and testing” to title of section to reflect changes made to the content

of the section. §115.544(a) Inspection Changed wording to specify inspection requirements that apply to degassing Formatting change to regulation

will not result in VOC emission9 Requirements operations. changes. §115.544(a)(1) Non-substantive ch anges made to comply with current rule formatting standards. Formatting change. Contains previously approved §115.544(1). §115.544(a)(2) Non-substantive ch anges made to comply

with current rule form atting standards. Also, removed duplicative requirement preventing bypassing of controls that is now found in §115.542. Formatting and editorial changes. Contains previously approved §115.544(2). Will not change VOC emission

reductions overall. §115.544(b) Monitoring Requirements Added new subsection specify monitoring requirements applying during degassing and cleaning operations of storage tanks, transport vessels and marine vessels. Clarifies that monitoring once every 15

minutes is sufficient to demonstrate compliance with the continuous monitoring requirements of this subsection. Regulation reformatting will not result in VOC emission changes,

but should enable better compliance in the future.

Clarification of continuous monitoring as equivalent to monitoring once every fifteen minutes is compatible with EPA guidance. §115.544(b)(1) New paragraph re quires monitoring devices used to comply with requirement of this subsection be installed, calibrated, maintained, and operated according to the

manufacturer’s instructions. Clarifies O/O responsibilities regarding operation of monitoring equipment. Will improve compliance.

§115.544(b)(2) New paragraph requires the O/O to monitor any operational parameters necessary to demonstrate proper functioning of a control device when VOC vapors are routed to it. Reformatting existing regulatory requirements. Will not reduce

VOC emission reduction previously achieved. Contains previously approved conditions in §115.546(2). §115.544(b)(2)(A) New subparagraph requires the O/O to continuously monitor exhaust gas VOC concentration of any carbon adsorption system to determine breakthrough. Also details O/O responsibilities when using carbon adsorption units as control devices. Reformatting existing regulatory requirements. Will not reduce

VOC emission reduction previously achieved. Contains previously approved conditions in §115.546(2)(C). §115.544(b)(2)(B) New subparagraph requires the O/O to continuously monitor th e inlet and outlet gas temperature of any catal ytic incinerator used to comply with this section. Reformatting existing regulatory requirements. Will not reduce

VOC emission reduction previously achieved. Contains the same requirements in the previously approved §115.546(2)(B). §115.544(b)(2)(C) New subparagraph requires the O/O to continuously monito r the outlet gas temperature of a condensation system to ensure that the temperature is below the Will improve compliance with regulatory requirements when condensation system is used as a compliance option.10 manufacturer’s recommended operating temperature for controlling the VOC vapors

routed to the device. Clarifies that this applies when condensation device is used as part of a recirc ulation system. §115.544(b)(2)(D) New subparagraph requires the O/O to continuously monitor the exhaust gas temperature immediately downstream of a

direct-flame incinerator. Reformatting existing regulatory requirements. Will not reduce

VOC emission reduction previously achieved. Contains previously approved conditions in §115.546(2)(A). §115.544(b)(2)(E) New subparagraph applies to flares used as a

control device. New subparagraph provides compliance demonstration options when using a flare as a control device. Expected to improve compliance. §115.544(b)(2)(E)(i) Requires the O/O to continuously monitor the net heating value of the gas stream routed to

the flare. Expected to verify effective

VOC emission reductions.

§115.544(b)(2)(E)(ii) Requires the O/O to continuously monitor the total volume of supplem ental fuel added to the gas stream routed to the flare and continuously maintain sufficient supplemental fuel to meet the minimum net heating value requirements in 40 CFR §60.18 assuming the net heating value of the degassed VOC vapors routed to the flare is equivalent to a level corresponding to 50% of

the LEL. Expected to verify effective

VOC emission reductions.

§115.544(b)(2)(E)(iii) As an altern ative to §115.544(b)(2)(ii), O/O may use calculations to demonstrate the net heating value of the VOC vapors routed to the flare will not drop below the minimum net heating value requirement in 40 CFR 60.18, until the concentration of VOC in the vapor being routed to th e flare is less than the concentration limits in §115.542(b). Expected to verify effective

VOC emission reductions.

Consistent with current federal requirements for use of a flare as

a control device.

§115.544(b)(2)(E)(iv) If a non-assi sted flare qualifying per requirements of 40 CFR §60.18(c)(3)(i), the O/O may continuously monitor the hydrogen content of the gas stream routed to the flare and continuously meet the minimum 8.0% by volume hydrogen content requirement in lieu of (i)-(iii) above. Expected to add flexibility in compliance and verify effective

VOC emission reductions.

Consistent with current federal requirements for use of a flare as

a control device.

§115.544(b)(2)(F) For any control device used to comply with the optional exhaust ga s concentration limit Expected to verify effective

VOC emission reductions.11 in § 114.442(a)(4), the O/O shall test the exhaust gas VOC concentration within one hour of beginning degassing operations using (i)-(ii) below. Consistent with current federal guidelines

§115.544(b)(2)(F)(i) Allow use of 40 CFR 60, Appendix A, Method 18,§§8.2.11-8.2.1.4 integrated bag sampling procedure and a total hydrocarbon analyzer meeting specification of Method 21. Expected to verify effective

VOC emission reductions.

Consistent with current federal testing requirements. §115.544(b)(2)(F)(ii) Alternativel y to §115.544(b)(2)(F)(i), O/O may monitor the exhaust gas VOC concentrations using 40 CFR 60, Appendix A, Method 25A. Expected to verify effective

VOC emission reductions.

Consistent with current federal testing requirements. §115.544(b)(2)(G) O/O shall continuously monitor the combustion chamber temperature of a thermal oxidizer or vapor combustor and if necessary to comply with §115.544(c)(3), continuously monitor the gas flow rate into

the thermal oxidizer to determine the

combustion chamber residence time. Expected to verify effective

VOC emission reductions.

§115.544(b)(2)(H) New subparagraph applies to recirculation systems used to comply with this section. Expected to ensure VOC

releases will not occur when recirculation systems are used to comply with this regulation. §115.544(b)(2)(H)(i) O/O shall conti nuously monitor the pressure

in the tank or vessel or continuously monitor the gas flow rate at the inlet an outlet of the

control device. Expected to ensure adequate circulation of gas through

control device.

§115.544(b)(2)(H)(ii) Monitor all com ponents of the recirculation system, including all valves and connectors, for VOC leaks using Method 21, 40 CFR part 60, Appendix A-7, procedures. Monitoring shall begin within one hour after beginning degassing operation. Define leak as a screening concentra tion greater than 500 ppm(v), as methane, above background. Expected to prevent or control fugitive emission leaks in equipment used to circulate VOC vapors to the control

device and back to the tank or vessel being degassed or

cleaned.

§115.544(b)(2)(I) New subparagraph applies to internal combustion engines used to comply. O/O required to continuously monitor the engine exhaust as oxygen content throughout the degassing operation. Expected to assure adequate VOC control when IC engines used as control option.

§115.544(b)(2)(J) New subparagraph applies to control devices not listed in this paragraph. Expected to assure adequate

VOC control when alternate

control devices are used as control option. §115.544(b)(3) New paragraph requires VOC concentration

be monitored to demonstrate VOC Clarifies monitoring requirements to be followed12 concentration or percent LEL threshold established in §115.542(b) is achieved before venting to atmosphere, without control, allowed using (A) or (B) below. before venting tank or vessel to atmosphere without control during degassing and/or cleaning operations. §115.544(b)(3)(A) Requires VOC concentration to be monitored once per minute for at least five minutes, and

all measurements must be less than the VOC concentration limits in §115.542(b). Clarifies monitoring requirements to be followed before venting tank or vessel to atmosphere without control during degassing and/or cleaning operations. §115.544(b)(3)(B) Over a five minute period using the integrated bag sampling procedure in Method 18, (40 CFR Part 60, Appendix A) §§8.2.1.1- 8.2.1.4 and the integrated measurement must

be less than the VOC concentration limit in §115.542(b). Clarifies monitoring requirements to be followed before venting tank or vessel to atmosphere without control during degassing and/or cleaning operations. §115.544(b)(4) After demonstra ting compliance with the limits established in §115.542(b), O/O must comply with one of the following conditions: Minor reformatting of previously approved language

will not result in VOC emission

increases within the state. §115.544(b)(4)(A) The O/O must monitor the VOC

concentration inside the tank or vessel once every 12 hours while venting to atmosphere

without control until five consecutive

measurement collected at 12 hour intervals are measure at less than 34,000 ppm(v) expressed as methane or less than 50% of the LEL expressed as methane. The measurement in (3) above maybe considered

the first measurement. Contains conditions found in 115.542(a)(6) and (b)(5) for

HGB area and extends these requirements to all affected areas in the state, including BPA, DFW, and El Paso.

§115.544(b)(4)(A)(i) If uncontrolled venting to the atmosphere has been suspended for more than four hours, the

VOC concentration insi de the tank or vessel must be measured upon restart of the degassing and cleaning operation. Expected to improve compliance

and reduce VOC emissions in

the affected areas.

§115.544(b)(4)(A)(ii) If any of the VOC concentration measurements equal or exceed 34,000 ppm(v) expressed as methane or 50% of the LEL expressed as methane, the tank or vessel

must be routed to a control device until the

VOC concentration before the inlet to the control device is below 34,000 ppm(v) expressed as methane or less than 50% of the LEL expressed as methane. Expected to improve compliance

and reduce VOC emissions in

the affected areas.

§115.544(b)(4)(A)(iii) New subparagra ph states if measure VIOC concentration is less than 6,800 ppm(v) It is not expected that concentrations above the 34,00013 expressed as methane or 10% of LEL then no

further VOC concentration measurements are required. ppm(v), as methane, control

threshold will be reached if concentrations below 6,800 ppm(v), as methane, are

achieved. §115.544(b)(4)(B) O/O may vent th e tank or vessel to the atmosphere without control or VOC

measurement with the VOC concentration inside the tank or vessel is less than 6,800 ppmv, as methane, or 10% of the LEL. Compliance with this option

should not result in an exceedance of the previously approved 34,000 ppm(v), as methane, or 50% of LEL, concentration limit that requires

VOC controls within 12 hours. §115.544(b)(5) ED may approve minor modifications to monitoring methods in this section if validated using 40 CFR Part 60, Appendix A,

Method 301. Minor modifications to approved monitoring methods will provide for O/O flexibility in demonstrating compliance and is not expected to result in

VOC emission increases within

the state. §115.544(b)(6) New paragraph clarifying sampling locations for performing required monitoring. This change is expected to aid in regulatory compliance and

should result in reduced VOC

emissions within the affected

areas. §115.544(c) Testing Requirements New paragraph requires O/Os to comply with the following testing requirements. Paragraph specifies testing requirements that apply to O/O using a control device to comply with the emission specification

of 115.541. §115.544(c)(1) For a control device used to comply with the requirements in §115.542(a)(1 ) of this title an initial control efficiency demonstration must

be conducted in accordance with the approved test methods in §115.545 of this title (relating to Appr oved Test Methods) and the device must be retested within 60 days after any modification that could reasonably be expected to decrease the efficiency of a

control device or before it is used for compliance with 15.542(a)(1), whichever is longer. This requirement will not reduce the efficiency of the control

device and will not result in

increased VOC emissions in the

affected areas.

§115.544(c)(2) For a portable control device used to comply with the requirement in §115.542(a)(1) of this title, a periodic control efficiency

demonstration must be conducted at least once every 60 months in accordance with the Periodic assurance of the efficiency of the control device should improve the long term

emission reductions of the regulation.14 approved test methods in §115.545 of this

title. §115.544(c)(3) For a portable thermal oxidizer or vapor combustor, the periodic control efficiency demonstration in paragraph (2) of this subsection will not be required if the combustion chamber temperature is at least 1,400 degrees Fahrenheit and the flow rate of the VOC vapors routed to the device is

limited to assure at least a 0.5 second

combustion chamber residence time at all

times when the device is in use. Exemption from the 60 month testing requirements if a thermal oxidizer or vapor combustor maintains the designated firebox temperature and residence time

will assure VOC control and

reduce VOC emissions in the

affected areas.

§115.545 Approved

Test Methods Repeals previously approved 115.545 to allow for reformatting. Creates new section 115.545 requiring compliance be determine by applying one or more of the following test methods or procedures. Minor reformatting will not alter substance of previously approved 115.545.

§115.545(1) New paragraph requires use of Methods 1-4 (40 CFR 60, Appendix A) to determine flow rates. Contains the same requirement as thepreviously approved §115.545(1) with nonsubstantive changes to conform to current Rule formatting standards. Contains previously approved 115.545(1).

§115.545(2) Allows use of Methods 3, 3A, or 3B (40 CFR 60, Appendix A) to determine exhaust gas oxygen concentration for making any oxygen corrections necessary for §115.541(a)(4). Consistent with published EPA regulations and guidance.

§115.545(3) New paragraph allows use of Method 18 (40 CFR 60, Appendix A) to determine gaseous organic compound emissions by gas chromatography. Contains previously approved 115.545(2) with non-substantive changes necessary to comply with current rule formatting

standards. §115.545(3)(A) New subparagraph requires only one bag sample to be collected for each concentration

measurement if Method 18 is used to demonstrate compliance with the VOC concentration monitoring requirements in §115.542(b) and §115.544(b)(4). Contains the same requirement in previously approved paragraph §115.545(11)(B) for use in HGB area and applies it to other areas affected by this regulation. §115.545(3)(B) New subparagraph requires VOC concentration to be determined by using the integrated bag sampling procedure in §8.2.1.1 – 8.2.1.4. of Method 18 is used to demonstrate compliance with the VOC concentration monitoring requirement in §115.544(b)(2)(F) for internal combustion engines or any control device used to comply Consistent with published EPA regulations and guidance.15 with the option in §§115.542(a)(4) to limit

exhaust concentration. §115.545(4) New paragraph allows use of Method 19 (40 CFR 60, Appendix A) to determine exhaust gas flow rates on combustion control devices in lieu of using Methods 1-4. Consistent with published EPA regulations and guidance.

§115.545(5) New paragraph allows use of Method 21 (40 CFR 60, Appendix A-7) to determine VOC leaks. Allows use of an instrument meeting specification and calibration requirement in Method 21 and the response factor criteria in §8.1 of Method 21 to demonstrate compliance with VOC concentration monitoring requirements in §115.542(b) and §115.542(b)(4). Expected to reduce VOC emissions through and LDAR program for degassing operations. This new subparagraph contains requirement in the previously approved §115.545(6) and previously approved §115.545(11)(A). §115.545(6) New paragraph allows use of Method 25 (40 CFR 60, Appendix A) to determine total gaseous non-methane organic emissions as

carbon. Contains same requirements of previously approved §115.545(3).

§115.545(7) New paragraph allows use of Method 25A or Method 25B (40 CFR 60, Appendix A) to determine total gaseous organic concentrations suing flame ionization or nondispersive infr ared analysis. Contains same requirement as previously approved §115.545(4).

§115.545(8) New paragraph allows use of Method 27 (40CFR 60, Appendix A) to determine tanktruck leaks. Contains same requirement as previously approved §115.545(8). §115.545(9) New paragraph allows use of a portable oxygen analyzer calibrated, maintained, and operated according to the manufacturer’s instructions be used to determine exhaust gas oxygen concentration for making any oxygen corrections necessary for §115.542(a)(4) in lieu of using Methods 3, 3A or 3B. Not expected to result in VOC

emissions increase in affected

areas.

§115.545(10) New paragraph allows additional test procedures describe d in 40 CFR 60.503(b)– (d) to be used for determining compliance for bulk gasoline terminals. Contains the same requirements previously approved in §115.545(5).

§115.545(11) New paragraph requires the true vapor pressure be determined using ASTM Test Method D323, D2879, D4953, D5190, or D5191 for measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with API Publication 2517, 3 rd edition, 1989. For purposes of temperature correction, the actual New options for determining true vapor pressure should provide more accurate emission

determinations of VOC in the

affected areas. Contains same requirements as previously approved §115.545(7).16 storage temperature shall be used. Actual storage temperature of an unheated tank or vessel may be determined using the maximum local monthly average ambient temperature as reported by the National Weather Service. Actual temperature of a heater tank must be determined using either the measured temperature or the temperature set point of the tank or vessel. §115.545(12) New paragraph stipulates use of test procedures in 40 CF R 63.565(c) or 61.304(f)

to determine marine ve ssel vapor tightness. Contains same requirement in previously approved §115.545(9). §115.545(13) New paragraph allows lower explosive limit

detectors to be used for concentration measurement required by §115.542(b) and §115.544(b)(3) and (4) if the detector is calibrated and maintained according to the manufacturer’s specifications. Contains same requirements in previously approved §115.545(11)(F) for the HGB area and extends the requirement

to other affected areas of the

state. §115.545(14) New paragraph allow minor modifications to

the test methods in th e section if approved by the TCEQ executive director. Contains same requirement in previously approved §115.545(10). §115.545(15) New paragraph allo ws test methods other than those specified in this section be used if validated by 40 CFR 63, Appendix A, Test Method 301 and approved by the TCEQ

executive director. Provides consistency with other sections of §115.

§115.546, Recordkeeping and

Notification Requirements Title changed from “Monitoring and Recordkeeping Requirements” to Recordkeeping and Notification Requirements” to reflect proposed changes to section, relocating the monitoring requirements to §115.544 and require notification of degassing operations. §115.546(a) Recordkeeping Requirements Subsection (a) modified to specify recordkeeping requirements for this division. Clarifies applicable sources and expands record retention time from two years to five

years. Promotes consistency in record

retention schedules.

§115.546(a)(1) Non- substantive changes made to comply with current rulemaking format. Contains previously approved §115.545(1). §115.546(a)(1)(A) Non- substantive changes made to comply with current rulemaking format. Contains previously approved §115.545(1)(A). §115.546(a)(1)(B) Non- substantive changes made to comply with current rulemaking format. Contains previously approved §115.545(1)(B). §115.546(a)(1)(C) Non- substantive changes made to comply with current rulemaking format. Contains previously approved §115.545(1)(C).17 §115.546(a)(1)(D) Reworded to clarify O/Os required to maintain records showing compliance with §115.544(b)(3) before venting tank or vessel to the atmosphere. Clarifies the intent of previously approved §115.546(4) to maintain results of any testing conducted according to §115.545 includes maintaining

records to demonstrate compliance with the VOC

concentration limits in §115.542. §115.546(a)(1)(E) New paragraph requiring O/Os maintain records showing compliance with §115.544(b)(4) before venting tank or vessel to the atmosphere. Includes requirements of previously approved §115.546(1)(D).

§115.546(a)(2) New paragraph requiring O/Os maintain records showing compliance with §115.544(b)(2). Expected to enhance compliance

and assure VOC reductions in

affected areas. §115.546(a)(2)(A) New subparagraph requiring O/Os maintain

records of VOC concentration measurements required by §115.544(b)(2)(A) for carbon adsorption systems. Contains previously approved §115.545(2)(C).

§115.546(a)(2)(B) New subparagraph requiring O/Os maintain

records of the continuou s monitoring of inlet and outlet gas temperature of a catalytic incinerator required by §115.544(b)(2)(B) for carbon adsorption systems. Contains previously approved §115.545(2)(B).

§115.546(a)(2)(C) New subparagraph requiring O/Os maintain

records of the conti nuous monitoring of the outlet gas temperature to ensure that the temperature is below the manufacturer’s recommended operating temperature of controlling the VOC vapors that are routed to a condensation system as required by §115.544(b)(2)(C). Expected to enhance compliance with the regulation and assure

VOC reductions in affected

areas when condensation systems are in use as control

devices.

§115.546(a)(2)(D) New subparagraph requiring O/Os maintain records of the exhaust gas temperature immediately downstream of a direct-flame incinerator as required by §115.544(b)(2)(D). Contains previously approved §115.545(2)(A).

§115.546(a)(2)(E) New subparagraph requiring O/Os maintain

records of the conti nuous monitoring of the net heating value of the VOC vapors routed to the flare, the supplemental fuel added to the VOC vapors routed to the flare or the engineering calcula tions required by §115.544(b)(2)(E). Expected to enhance compliance

and assure VOC reductions in

affected areas when flares are used to comply with the regulation.

§115.546(a)(2)(F) New subparagraph requiring O/Os ma intain Expected to enhance compliance18 records of the hourly monitoring of the exhaust gas VOC concentration required by §115.544(b)(2)(F) to limit exhaust gas concentration. Also requires O/Os to

maintain a record of the monitoring method

used to determine the VOC concentration. and assure VOC reductions in

affected areas when VOC

concentration in control device exhaust gas is used to demonstrate compliance.

§115.546(a)(2)(G) New subparagraph requiring O/Os maintain

records of the conti nuous monitoring of the combustion chamber temperature of a thermal oxidizer or vapor combustor, as required by §115.544(b)(2)(G). Also requires O/O maintain records of the continuously monitoring of the gas flow rate into the thermal oxidizer or vapor combustor to determine the residence time if necessary to demonstrate compliance with §115.544(c)(3). Expected to enhance compliance

and assure VOC reductions in

affected areas when thermal oxidizers are used to comply.

§115.546(a)(2)(H) New subparagraph requiring O/Os maintain

records of the conti nuous monitoring of the pressure inside the tank or vessel or the continuous monitoring of the gas flow rate at the inlet and outlet as required by §115.544(b)(2)(H). Also requires O/O

maintain records of the Method 21 monitoring for VOC leaks within one hour after beginning any degassing or cleaning operation, including the VOC measurement and the time the monitoring began. Expected to enhance compliance

and assure VOC reductions in

affected areas when recirculation of vapor is used to comply with the regulation.

§115.546(a)(2)(I) Requires O/Os maintain records of continuous engine exhaust gas oxygen content monitoring require by §115.544(b)(2)(l) when IC engine is used to comply. Expected to enhance compliance

and assure VOC reductions in

affected areas when an IC engine is used to comply with the regulation. §115.546(a)(2)(J) Requires O/Os ma intain records of the continuous operation parameter monitoring required in §115.544(b)(2)(J) sufficient to demonstrate proper func tioning of the control

device not listed in this paragraph. Expected to enhance compliance

and assure VOC reductions in

affected areas when an alternate means of compliance is used to comply with the regulation. §115.546(a)(3) Non-substantive ch anges made to comply with current rule formatting standards. Also re-letters reference to §115.544 to §115.544(a) to reflect changes being made to §115.544. Non- substantive changes made to comply with current rulemaking format.

§115.546(a)(4) Non-substantive ch anges made to comply with current rule formatting standards. Also requires records contain all applicable requirements from the TCEQ’s Sampling Clarifies the information the commission expects to be included in records of any testing conducted according to19 Procedures Manual, Chapter 14.0, contents of Sampling Report (January 2003, revision one). the approved test methods in §115.545.

§115.546(a)(5) New subparagraph requiring O/Os maintain

records of the manufacturer’s instructions for installation, calibration, maintenance, and operation for any monitoring device used to comply with the requirements of the division. Expected to enhance compliance

and assure VOC reductions in

affected areas.

§115.546(b)

Notification Requirements New paragraph requiring O/Os in the HGB area notify TCEQ regional office of upcoming degassing or cleaning operations when requested. This notification requirement is expected to facilitate

enforcement of the rule in the HGB area by allowing investigators to observe degassing operations. §115.547 Exemptions Non-substantive changes to §115.547 are made to comply with current TCEQ rule formatting standards. §115.547(1) Deletes existing language to clarify rule’s applicability to storage tanks, transport vessels and marine vessels storing volatile organic liquids with a true vapor pressure greater than or equal to 0.5 psia under actual storage conditions. New language specifies any storage tank with capacity of less than 1,000,000 gallons is exempt except in the HGB area as noted in (A) and (B) below. Contains previously approved portion of §115.547(2) relating to storage tanks.

§115.547(1)(A) New subparagraph ap plies rule to storage tanks with storage capacity greater than or equal to 250,000 gallons but less than 1,000,000 after January 1, 2009 in the HGB

area. New subparagraph is expected

to reduce VOC emissions in the

HGB area.

§115.547(1)(B) New subparagraph ap plies rule to storage tanks with storage capacity greater than or equal 75,000 gallons but less than 250,000 gallons and storing mate rials with true vapor pressure greater than 2.6 psia after January 1,

2009 in the HGB area. New subparagraph is expected

to reduce VOC emissions in the

HGB area.

§115.547(2) New paragraph exempts transport vessels in BPA, DFW, El Paso and HGB areas with a storage capacity of less than 8,000 gallons. Contains portions of previously approved §115.547(2) that relate to transport vessels. §115.547(3) New paragraph exempts marine vessels in BPA, and HGB areas with a storage capacity of less than 420,000 gallons. Also deletes reference to 10,000 barrel in the previously approved §115.547(2) to be consistent with

the format of volume references in this Contains portions of previously approved §115.547(2) that relate

to marine vessels.20 section. §115.547(4) Renumbered para graph §115.547(3) with non-substantive changes to comply with current rulemaking formats. Contains previously approved paragraph §115.547(3).

§115.547(5) Renumbered para graph §115.547(4) with non-substantive changes to comply with current rulemaking formats. Limits exemption to 30 calendar days after damage

to tank occurs. Also amended to indict requirement in existing §115.541(b) and §115.542(b) are now §115.541and §115.542. Contains previously approved paragraph §115.547(4).

§115.547(6) Renumbered §115.547(5) with nonsubstantive changes to comply with current rulemaking formats. Contains previously approved paragraph §115.547(5).

§115.549 Compliance

Schedules Change title from “Counties and Compliance Schedules” to “Compliance Schedules” §115.549(a) Non-substantive changes to comply with current rulemaking formats and clarify rule remains in effect for previously affected

areas. Clarifies compliance schedules

for affected areas. Will not result

in increased VOC emissions in

the state. §115.549(b) Non-substantive changes to comply with current rulemaking format. Also, sets May 21, 2011 as final date for O/Os in Collin, Dallas, Denton and Tarrant Counties to be in compliance with this regulation. Establishing compliance date for DFW area counties is expected

to result in decreased VOC

emissions in the DFW area.

§115.549(c) Non-substantive changes to comply with current rulemaking format. Not expected to result in any change in VOC emissions. §115.549(d) Non-substantive changes to comply with current rulemaking format and re-letters references to previously approved §115.542(a)(6), (b)(5), and §115.546(1)(D) as §115.542(b), §115.544(b)(4) and §115.546(a)(1)(E), respectively. Not expected to result in any change in VOC emissions.

For more information on the requirements pleas e see the appendices or 30 TAC 115, Subchapter F, Miscellaneous Industrial Sour ces Division 3 (Degassing of St orage Tanks, Transport Vessels, and Marine Vessels). Appendix 1 is excerpted from the Februa ry 11, 2011 Texas Register. The Texas Register can be accesse d through the internet at http://texinfo.library.unt.edu/texasregister/. Th e Texas Administrative Code rules can be accessed through the internet at: ww w.tceq.state.tx.us/rules/indxpdf.html.

Evaluation of Revision

EPA has evaluated the Chapter 115 revision a nd finds they enhance the SIP by reducing emissions from VOC storage tanks, transport ve ssels and marine vessels in Collin, Dallas,21 Denton and Tarrant counties by re quiring additional controls on VOC emissions from these

sources as discussed above. These reduced emi ssions will help lower ozone levels in the DFW area. The rulemaking subjects owne rs or operators of VOC storage tanks, transport vessels, and

marine vessels located in the DFW 1997 8-hour ozone nonattainment area to more stringent control, monitoring, and recordk eeping requirements. The rulemaking also enhances compliance with existing rules by clarifying applicability, compliance, recordkeeping and monitoring requirements for sources subject to the regulation.

As shown in the Table 1, these revisions improve TCEQ’s rules. These rules were previously approved by EPA as enhancing the state’s SIP by imposing VOC reductions in applicable areas most recently in 2010. With these improvements, the rules will continue to ensure 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 re quirement concerning attainment or any other applicable requirement of the CAA. EPA approval of the revisi on will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the CAA including RACT requirements.

Recommendation

It is recommended that the revision to the Texa s SIP be approved because the revisions improve the rules that were previously approved resul ting in additional VOC reduc tions and insuring that RACT is still met for these source categories.22 Appendices

Appendix 1 – Excerpt from the February 11, 2011Texas Register (36 TexReg 809)

Appendix 2 –Title 30 of the Texas Administrative Code Subchapter F (Miscellaneous Industrial Sources)23 Appendix 1 – Excerpt from the February 11, 2011Texas Register (36 TexReg 809)

Chapter 115. CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC

COMPOUNDS

Subchapter F, Miscellane ous Industrial Sources

Division 3, Degassing of Storage Tanks, Tr ansport Vessels, and Marine Vessels

The Texas Commission on Environmental Quality (TCEQ or commission) adopts the repeal of §§115.541, 115.542, and 115.545; adopts new §§115.540 - 115.542 and 115.545; and adopts the amendments to §§115.543, 115.544, 115.546, 115.547, and 115.549. Sections 115.540 - 115.542, 115.544 - 115.546, and 115.549 are adopted with changes to the proposed text as published in the August 13, 2010, issue of the Texas Register (35 TexReg 6976). Section 115.543 and §115.547 are adopted without changes and the text will not be republished.

The adopted amended, repealed, and new sections will be submitted to the United States Environmental Protection Agency (EPA) as revisi ons to the state implem entation plan (SIP).

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED

RULES

Chapter 115, Subchapter F, Division 3, regulates the degassing of st orage tanks, transport vessels, and marine vessels. Compliance with the ru les is currently required for affected sources

in the Houston-Galveston-Brazoria ozone nonatt ainment area and the Beaumont-Port Arthur area. Although not currently effective, the Chap ter 115 degassing rules also apply in El Paso County as contingency measures that could beco me effective if the commission determines the rules are necessary to comply with federal air quality standards.

On May 21, 2010, the commission published notice in the Texas Register (35 TexReg 4268) requiring affected sources in Collin, Dallas, De nton, and Tarrant Counties to comply with the current Chapter 115 degassing rules no later than May 21, 2011. The rules in Chapter 115, Subchapter F, Division 3, were ad opted as a contingency measure for these four counties in the Dallas-Fort Worth area on Apr il 27, 1994, and published in the Texas Register on May 13, 1994 (19 TexReg 3703). The contingency rules are being implemented as a result of the Dallas-Fort Worth area failing to attain the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS) by the June 15, 2010, attainment deadlin e based on monitoring data. On August 9, 2010, the EPA published a proposal to reclassify th e nine-county Dallas-Fort Worth area as a

serious nonattainment area under the 1997 eight-hour ozone NAAQS (75 FR 47746).

Beginning in April 2009, a series of petitions for rulemaking were submitted to the commission regarding the more stringent degassing require ments that became effective in the HoustonGalveston-Brazoria area on January 1, 2009. Alt hough, these petitions were withdrawn before the scheduled agenda for the commission’s consid eration while evaluating the merit of these petitions, staff identified severa l portions of the degassing rules that could be clarified to24 facilitate compliance and enforcement. In the following months, numerous questions were also raised by affected regulated en tities, consultants, and vendors regarding compliance with the requirements in Chapter 115, Subchapter F, Di vision 3. The adopted rulemaking addresses the concerns raised by stakeholders by revising Chapter 115, Subchapter F, Division 3, to clarify the degassing rule requirements for s ources in all affected areas, provide additional flexibility for affected owners or operators by allowing for the us e of alternative control options, and facilitate

rule enforcement.

General Clarification of Rule Requirements

The adopted rulemaking reformats the existing rule s in Chapter 115, Subchapter F, Division 3, to simplify and clarify the requirements. Some of these formatting changes include adopting new §115.540 to specify the rule applicability and de fine terms commonly used in this division, repealing §115.541 and §115.542, and adopting new §115.541 and §115.542 to consolidate the emission specifications and contro l requirements. In addition, the adopted rules make other nonsubstantive revisions to update the rule language to current Texas Register style and format requirements. Additional details regarding the general reformatti ng and clarification changes are

discussed in the SECTION BY SECTION DISCUSSION portion of this preamble.

Additional Control Options

One concern raised by stakeholders was that the existing rules do not adequately address the use of several types of control t echnologies that could achieve equivalent vol atile organic compounds (VOC) emission reductions. The existing ru les require that VOC vapors be routed to

a device that maintains a contro l efficiency of at least 90%. The adopted rules specifically provide for the use of the following equivalent control options to comply with the emission specifications in the rules.

The adopted rules allow for the use of flares that are designed and operated in accordance with 40 Code of Federal Regulations (CFR) §60.18(b) - (f) (as amended through December 22, 2008 (73 FR 78209)). In addition to complying with the operating parameters in 40 CFR §60.18, the commission is requiring that flar es used during degassing operations must be lit at all times when VOC vapors are routed to the device. Although 40 CFR §60.18 requires the pilot to be lit at all times and requires monitoring of the flare pilo t flame, the commission is also specifically requiring the flare flame to be lit to clarify that the intent of the rules is for both the flare flame and the pilot to be lit at all times when VOC vapors are routed to the device.

The existing rules require VOC vapors from affect ed tanks or vessels to be routed to a control device until the concentration is less than 34,000 parts per million by volume (ppmv), expressed as methane. However, as the VOC vapor con centration approaches 34,000 ppmv, there may not be sufficient heat content to meet the minimum net heating value requirements in 40 CFR §60.18. Therefore, it may be necessary to mon itor the net heating value of the VOC vapors

routed to the flare to ensure there is sufficient energy available to support combustion. The adopted rules provide the followi ng options for demonstrating compliance with the minimum net heating value requirements in 40 CFR §60.18 during degassing operations: continuously monitor the net heating value of the gas stream routed to the flare; assume 3.4% of the net heating value from the VOC vapors routed to the flare and co ntinuously monitor the supplemental fuel added25 and use calculations to demonstrate sufficient ne t heating value of the VO C vapors routed to the flare; or use calculations to demonstrate sufficien t net heating value of the VOC vapors routed to

the flare.

The adopted rules allow for the use of recircula tion systems as an option for meeting the control requirements of the rules. The adopted rules define a recirculation system as a system that is vapor-tight and composed of piping, ductwor k, connections, flow-inducing devices, and a control device. The recirculation system conduc ts VOC vapor from a storage tank, transport vessel, or marine vessel to a control device a nd conducts the exhaust fr om the outlet of the

control device back into the same storage tank, transport vessel, or marine vessel. Currently, the commission is aware of two types of recircul ation systems available for degassing operations that use condensation or absorption processes to transfer VOC from the vapor space inside the tank or vessel into liquid form.

To minimize pressurization in the tank or vesse l, which could cause in creased emissions, the adopted rules require that the recirculation system not cause the pressure inside th e tank or vessel to exceed one inch water pressure at any tim e during the degassing operation. The adopted rules will also require continuous monitoring of the tank pressure or the continuous monitoring of the

flow rate at the inlet and outlet of the control de vice. To ensure that the recirculation system is vapor-tight during operation, th e commission is requiring the re circulation system to be monitored for VOC leaks using the procedure in Method 21 (40 CFR Part 60, Appendix A-7) and to begin this monitoring within one hour after beginning any degassing operation. The adopted rules also require continuous monitoring of the outlet gas temper ature of a condensation system that is part of a recirculation system to ensure that the temperature is below the recirculation system manufact urer’s recommended operating te mperature for controlling the VOC vapors routed to the device.

The commission is adopting an opt ion to limit the VOC concentration at the outlet of the control device to less than 500 ppm(v)at 0% oxygen, dry basis, expresse d as methane. The commission adopts this option to limit the VOC concentratio n of the control device exhaust gas as an equivalent or more stringent alternative to using a control device th at maintains a control efficiency of at least 90%. The commission is a dopting this option to provi de affected owners or operators with an alternative control option th at would alleviate some of the testing and monitoring requirements for devi ces that can maintain a low exhaust gas concentration.

Clarification of Monitoring and Testing Requirements
One of the concerns raised by stakeholders was that the existing rules do not adequately address the monitoring and testing requirements necessary to demonstrate compliance with this division. The adopted rules specifica lly require monitoring and testing requirements.

The commission adopts clarifications to the procedure for taking the VOC concentration measurements required in this division. The a dopted rules specify that the VOC concentration measurements required to determine if the ta nk or vessel can be vented to the atmosphere without control for the remainder of the degassing operation must be taken over a period of five minutes. Further, none of the measurements can exceed the thresholds established in the rules. This clarification is consistent with the concentration monitoring requirements in the Refinery Maintenance, Startup, and S hutdown (MSS) Model Permit.26 The current rules for the Houston-Galveston-Br azoria area require the owner or operator to
monitor the VOC concentration onc e every 12 hours for five readi ngs after the tank or vessel is disconnected from the control device. This requ irement was added in 2007 to address concerns that if liquid remains in the tank or vessel, th en the VOC concentration could increase above the limits specified in the rules after the contro l device is disconnected. Stakeholders have commented that this requirement is unnecessary and overly burdensome. In response to these concerns, the commission is adopting additiona l options for demonstrating that the VOC

concentration inside the tanks or vessel doe s not increase above the concentration limit established in the control requirements. Specific details regarding these additional options are

included in the SECTION BY SECTION DISCUSSION portion of this preamble. Additionally, the commission is adopting rules that expand thes e requirements to all areas subject to this

division.

The commission is specifically adopting rules to require control effici ency demonstrations conducted in accordance with the approved test methods in §115.545 for any control device used to comply with the option to maintain a control efficiency of at least 90% when the device is being used for degassing operations. The adoptio n of this requirement to conduct an initial control efficiency demonstration is intended to be a clarification of the existing requirements and is not intended to impose any additional requir ements on affected sources. The commission is also requiring the contro l device to be retested prior to use for degassing operations or within 60 days after any modification that co uld reasonably be expected to affect the efficiency of a control

device The commission is also requiring a periodic control effi ciency demonstr ation to be conducted at least once every 60 months for a porta ble control device. Thes e retesting provisions are necessary to demonstrate that the control devi ce continues to meet the 90% control efficiency requirements after modification or if substa ntial time has passed since the previous demonstration. Additionally, it has come to the co mmission’s attention that many of the control devices used to control emissions during degassin g operations are portable de vices. It is not the

commission’s intent that movi ng a portable control device from one tank or vessel to another will trigger the 60-day retesting requirement. The commission is exempting a portable thermal oxidizer or vapor combustor from the periodic control efficiency demonstration if the combustion chamber temperature is at least 1,400 degrees Fahrenheit and the flow rate of the VOC vapors routed to the device is limited to assure at least a 0.5 second combustion chamber

residence time when the device is in use.

The commission is also adopting ru les to allow the use of additional test methods to demonstrate compliance with this division. The adopted rule s will allow for the use of test methods not currently included in the existing rules. The adopted rules will al so allow test methods currently available for use by affected sources in the Houston-Galveston-Brazoria area to be used by

affected sources in all areas subject to this division.

The commission adopts clarifications for the stor age temperature used for determining the true vapor pressure of volatile organi c liquids stored at or above am bient temperatures. The existing rules requires the use of actual storage temperature to dete rmine the true vapor pressure of volatile organic liquids stored in an affected storage tank, transpor t vessel, or marine vessel. The commission is adopting rules to allow the actual storage temperature of an unheated tank or vessel to be determined using the maximum lo cal monthly average ambient temperature as27 reported by the National Weather Service. The co mmission is also adopting rules to allow the actual storage temperature of a heated tank or vesse l to be determined using either the measured temperature or the temperature set point of the tank or vessel.

The adopted rulemaking requires th e owner or operator of a stor age tank, transport vessel, or marine vessel subject to the requirements in this division to notify the appr opriate regional office of upcoming degassing operations upon request by authorized representatives of the executive director. The commission adopts this requirement to facilitate enforcem ent of the rules.

SECTION BY SECT ION DISCUSSION

In addition to the revisions to clarify the rule s and provide additional flexibility, the commission adopts grammatical, stylistic, and various other non-substantive changes to update the rules in

accordance with current Texas Register style and format requireme nts, improve readability, establish consistency in the rules, and conform to the standards in the Texas Legislative Council Drafting Manual, September 2010. Such changes include appropriate and c onsistent use of acronyms, punctuation, section refere nces, and certain terminology like that, which, shall, and

must. References to the Dallas/Fort Worth area and the Houston/Galveston area have been updated to the Dallas-Fort Worth area and the Hous ton-Galveston-Brazoria area respectively to be consistent with current terminology for th e region. These non-substantive changes are not intended to alter the existing rule requirements in any way and are not specifically discussed in this preamble.

The commission also adopts changes to the ru le not included at pr oposal. The commission revises any proposed references to volatile organic liquids or vapors to volatile organic compounds. The commission changes the title of Chap ter 115, Subchapter F, Division 3 from Degassing and Cleaning of Storage Tanks, Transport Vessels, and Marine Vessels to Degassing of Storage Tanks, Transport Vessels, and Marine Vessels. As discussed elsewhere in this preamble, this change is intended to clarify the scope of the rule. In addition, the rule has been revised from proposal to eliminat e any references to cleaning ope rations to further clarify the rule applicability. These non-substantive change s are not intended to alter the existing rule requirements in any way and are not speci fically discussed in this preamble.

Section 115.540, Applicability and Definitions

The commission adopts new §115.540 that will add applicability and definitions to clarify the Chapter 115, Subchapter F, Division 3 rules. Adopted new §115.540 establis hes consistency with other rules in Chapter 115 and improves the read ability of the rules by first defining the units affected by and terms used in the subsequent requirements.

The commission adopts new §115.540(a) to specify that the provisions in th is division apply to degassing during, or in preparati on of, cleaning of any storage ta nk, transport vessel, or marine

vessel located in the Beaumont-Port Arthur (Hardin, Jefferson, and Orange Counties), DallasFort Worth (Collin, Dallas, Denton, and Tarra nt Counties only), El Paso, and HoustonGalveston-Brazoria (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties) areas. Adopted new subsection (a) clarifies that this division applies to degassing any storage tank, transport vessel, or marine vessel contai ning volatile organic28 compounds with a true vapor pressure greater than or equal to 0.5 pounds per square inch absolute (psia) under actual storage conditi ons unless specifically exempted in §115.547. Adopted new subsection (a) also cl arifies that in this division, the operator of any storage tank, transport vessel, or marine vessel refers to th e regulated entity performing or outsourcing the degassing operation. Adopted new subsection (a) i ndicates that this division applies to any storage tank, transport vessel, or marine ve ssel in the Beaumont-Por t Arthur and HoustonGalveston-Brazoria areas. Adopted new subsection (a) also indicates that this division applies to any storage tank or transport vessel in the Dallas-Fort Worth and El Paso areas.

Adopted new §115.540(b) indicates th at unless the context clearly indicates otherwise or unless specifically defined in the Texas Clean Air Act (Texas Health and Safety Code, Chapter 382), in 30 TAC §§3.2, 101.1, or 115.10 the terms used in this division have the meanings commonly used in the field of air pollution control. Adopt ed new subsection (b) also indicates that in addition, the following meanings apply in this division unless the context clearly indicates

otherwise.

Adopted new §115.540(b)(1) defines Cleaning as the process of washing or rinsing a storage tank, transport vessel, or marine vessel, or removing sl udge or rinsing liquid from a storage tank, transport vessel, or marine vessel. As disc ussed in the RESPONSE TO COMMENTS section of this preamble, the word vapor was removed from the proposed definition of Cleaning to help clarify the processes intended to be subject to this rule. Th e commission is revising this definition to help clarify the rule applicability.

Adopted new §115.540(b)(2) defines Degassing as the process of removing VOC vapor from a storage tank, transport vessel, or marine ve ssel during, or in prepar ation of, cleaning. As

discussed in the RESPONSE TO COMMENTS sec tion of this preamble, the definition of Degassing has been revised from proposal to clarify that this term a pplies to activities that occur during, or in preparation of, clean ing. The commission is revising th is definition to further clarify the rule applicability.

As discussed in the RESPONSE TO COMMENTS s ection of this preamble, the commission is adopting new §115.540(b)(3) to define a Drain-dry floating roof tank as a floating roof tank designed to drain its entire cont ents completely to a sump in a manner that leaves no freestanding liquid in the tank or th e sump. The only stock liquid available for evaporation in a drain-dry floating roof tank is that which clings to the tank bottom and other wetted surfaces under the floating roof. This definition comes from American Petroleum Institute (API) Technical Report 2568, Evaporative Loss from the Cleaning of Storage Tanks (November 2007).

Adopted new §115.540(b)(4), originally proposed as §115.540(b)(3), defines Recirculation

system as a system that is vapor-tight and com posed of piping, ductwork, connections, flow inducing devices, and a control de vice. Adopted new paragraph (4) states that th e recirculation system conducts VOC vapor from a storage tank, tr ansport vessel, or mari ne vessel to a control

device and conducts the exhaust from the outlet of the control device back into the same storage tank, transport vessel, or marine vessel. Adopted new paragraph (4) also indicates that the recirculation system does not include the storage tank, transport vessel, or marine vessel that is being degassed. The commission is adding this definition to fully describe the type of system being adopted as a new option to contro l VOC vapors during degassing operations.29 Adopted new §115.540(b)(5), originally proposed as §115.540(b)(4), defines Storage capacity as the volume of a storage tank as determined by multip lying the internal cross-sectional area of the tank by the average internal height of the tank shell or the volume of a transport vessel or marine vessel as determined by the manufacturer’s origin al design capacity. The de finition is intended to account for sloped tank floors and sumps by relying on the average internal height of the tank shell to determine the maximum amount of liquid th e tank can hold if filled to the top of the tank shell with inflow and outflow pipes closed off a nd any floating roof absent. The average internal height may be conservatively measured as the ma ximum height from the bottom of a sump to the top of the tank shell. Use of this measurement w ill result in an overestimate of the volume of a tank with a sloped floor. The existing rule uses several different terms, including nominal storage capacity, to denote the tanks and vessels that are subject to th ese requirements. The commission adopts this definition and uses the term consis tently throughout this rulemaking. The adopted change is not intended to alter any existing rule requirements or to cause any additional sources to be subject to the existing rule requirements.

Adopted new §115.540(b)(6), originally proposed as §115.540(b)(5), defines Storage tank as a stationary vessel, reservoir, or container used to store VOC. This definition does not include components that are not directly involved in the containment of liquids or vapors, subsurface caverns or porous rock reservoirs , or process tanks or vessels.

Adopted new §115.540(b)(7), originally proposed as §115.540(b)(6), defines Vapor-tight as a condition that exists when no component of a system has a leak greater than 500 parts per million expressed as methane measured using Method 21 (40 CFR Part 60, Appendix A-7). The commission is adopting this definition to help cl arify existing requirement s that use this term. Although there are no additional monitoring requir ements included in the adopted rule to demonstrate compliance with vapor-tight requirement s, a notice of violation could be issued to the owner or operator of the ta nk or vessel if an authorized representative of the executive director, the EPA, or any local air pollution control agency with jurisdiction determined the vapor-tight condition was not maintained.

Section 115.541, Emission Specifications

The commission adopts the repeal of existing §115.541 in order to reformat and clarify the emission specifications in this division.

The adopted repeal is not intended to remove any of the existing emission specifications. The existing requirements in this section are either be ing incorporated into the adopted new §115.541 or the adopted new contro l requirements in §115.542.

The commission adopts new §115.541 to include the emission specifications for the degassing of storage tanks, transport ve ssels, or marine vessels.

Adopted new §115.541(a) requires all VOC vapors from a storage tank, transport vessel, or marine vessel subject to this divi sion to be routed to a contro l device in accordance with the control requirements in §115.542 during degassi ng operations. Adopted new subsection (a) incorporates the existing emission specifications in §115.541(a)(1)(A) and (2)(A), and (b)(2) and30 does not impose a new requirement on affected s ources. In response to co mments, subsection (a) has been revised from proposal to specify that this requirement does not apply if the measured VOC concentration is less than 34,000 ppmv, e xpressed as methane or 50% of the lower explosive limit (LEL). The adopted change is intended to clarify the rule applicability.

Adopted new §115.541(b) prohibits the intentional bypa ssing of a control device used to comply with the requirements in this division. Adopted new subsection (b ) also requires any visible VOC leak originating from the control device, or ot her associated product recovery device, to be repaired as soon as practical. Adopted new subsection (b) inco rporates the existing emission specifications in §115.541(a)(1 )(D) and (2)(D), and (b)(4) and does not impose a new requirement on affected sources.

Adopted new §115.541(c) prohibits a voidable liquid or gaseous leak s, as detected by sight or sound, from the degassing operati ons. Adopted new subsection (c ) incorporates the existing emission specifications in §115.541(a)(1)(C) and (2 )(C), and (b)(3) and does not impose a new requirement on affected sources.

Adopted new §115.541(d) requires a transport vessel to be kept vapor-tight at all times until the VOC vapors are routed to a control device. Adopted new subsection (d) incorporates the existing emission specifications in §115.541(a)(2 )(E) and does not impose a new requirement on

affected sources.

Adopted new §115.541(e) has been reformatted fr om proposal; however, these changes are nonsubstantive and only intended to improve th e readability of the rule. Adopted new §115.541(e)(1) requires a marine vessel to have a ll cargo tank closures properly secured or maintain a negative pressure within the ve ssel when a closure is opened. Adopted new §115.541(e)(1) requires a marine vesse l to have all pressure or vacuum relief valves operating within certified limits, as specified by classifi cation society or flag state, until the VOC vapors are routed to a control device. Adopted new s ubsection (e) incorporates the existing emission specifications in §115.541(b)(5) a nd does not impose a new require ment on affected sources.

As discussed elsewhere in this preamble, in response to comments §115.541( f) has been revised from proposal to provide some exceptions to the requirements based on tank design and the contents of the material being stored in the tank. As proposed, subs ection (f) would have required all VOC vapors from a floating roof st orage tank to be routed to a control device immediately but no later than 24 hour s after the tank has been emptie d to the extent practical or the drain pump loses suction. Adopted ne w §115.541(f)(1) requires all VOC vapors from a floating roof storage tank that is not a drain-dry floa ting roof storage tank to be routed to a control device as soon as practical but no later than 24 hours after the tank has been emptied to the extent practical or the drain pump loses su ction for a floating roof storage tank containing VOC liquids with a true vapor pr essure greater than or equal to 1.5 psia under actual storage conditions. Adopted new §115.541(f)(2) requires a ll VOC vapors from a floating roof storage tank that is not a drain-dry floati ng roof storage tank must be rout ed to a control device as soon as practical but no later than 72 hours after the tank has been emptied to the extent practical or the drain pump loses suction for a floating roof storage tank containing VOC liquids with a true vapor pressure less than 1.5 psia under actual storage c onditions. Adopted new §115.541(f)(3), which provides an alternative to new subsection (f)(1) and (2), re quires that all VOC vapors from31 a floating roof storage tank that is not a drain-dry floating roof stor age tank must be routed to a control device as soon as practical but no later than the time limit specified in a permit issued under 30 TAC Chapter 116 up to a maximum of 72 hours after the tank has been emptied to the extent practical or the drain pump losses suction. The commission adopts these new requirements to clarify when the rules in this division begin to apply and to minimize standing idle losses from floating roof storage tanks.

Section 115.542, Control Requirements

The commission is adopting the repeal of existi ng §115.542 in order to reformat and clarify the emission specifications in this division. The adopted repeal is not intended to remove any of the existing emission specifications. The existing requir ements in this section are being incorporated into the proposed new §115.542.

The commission adopts new §115.542 to include the control requirements for the degassing of storage tanks, transport ve ssels, or marine vessels.

Adopted new §115.542(a) requires a control de vice used to comply with the emission specifications in §115.541 to meet one of the foll owing conditions at all times when VOC vapors

are routed to the device. The commission is in cluding several equivale nt options to limit VOC emissions from degassing operations that occur du ring, or in preparation of , cleaning an affected storage tank, transport vesse l, or marine vessel.

Adopted new §115.542(a)(1) includes the same requirement in existing §115.541(a)(1)(B) and (2)(B), and (b)(2) for a control device to maintain a control efficiency of at least 90%. Adopted new paragraph (1) also clarifies the commission’s intent that any control device used to comply with this division must be operated in a manne r consistent with how the device was operated during the control efficiency demo nstration required in §115.544(c).

Adopted new §115.542(a)(2) requires a flare that is us ed to comply with the requirements in this division to be designed and operated in accord ance with 40 CFR §60.18(b) - (f) (as amended through December 22, 2008 (73 FR 78209)) and to be lit at all times when VOC vapors are

routed to the flare. As discussed elsewher e in this preamble, although 40 CFR §60.18 requires the pilot to be lit at all times and requires mon itoring of the flare pilot flame, the commission is also specifically requiring the flar e flame to be lit to clarify that the intent of the rule is for both the flare flame and the pilot to be lit at all times when VOC vapors are routed to the device. Adopted new §115.542(a)(2) was revised from proposal to specifically incor porate the version of 40 CFR §60.18(b) - (f) (as amended thr ough December 22, 2008 (73 FR 78209)).

Adopted new §115.542(a)(3) allows a recirculation sy stem to be used to comply with the requirements in this division provided it does not cau se the pressure inside the tank or vessel to increase any more than one inch water pre ssure at any time during degassing operation.

Adopted new §115.542(a)(4) allows a control device used to comply with the requirements of this division provided that the VOC concentration at the outlet of the control device is less than 500 ppm(v)at 0% oxygen, dry basis, expressed as methane.32 Adopted new §115.542(b) requires all VOC vapors to be routed to a control device until the VOC concentration is less than 34,000 ppmv, expre ssed as methane or less than 50% of the LEL. In response to comments, all proposed require ments that the percent LEL be expressed as methane have been removed from the adopted rule. After one of the conditions has been satisfied, the tank or vessel may be vented to the atmosphere without control for the remainder of the degassing operation, except as specified in §115.544(b)(4). Th e commission is expanding the requirement in §115.544(b)(4) to all applicable areas subject to the rules. The reference to §115.544(b)(4) is necessary to clarify that the add itional monitoring required by that section still applies. For sources in the Houston-Galveston-Brazoria area, adopted new subsection (b) contains the same requirements as existing §11 5.542(a)(6) and (b )(5) and compliance with the original requirement was required by January 1, 2009.

The commission is repealing the options in ex isting §115.542(a)(5) and (b)(4 ) for sources in the Beaumont-Port Arthur, Dallas-Fort Worth, or El Paso areas. Th e commission is repealing the existing option for the tank or vessel to be vent ed to the atmosphere without control for the remainder of the degassing operation once the true vapor pressure inside the vessel has been reduced to less than 0.5 psia since this measurement is more appropr iately referenced in terms of a VOC vapor concentration rather than a liquid ch aracteristic. The commission is also repealing the existing option for the tank or vessel to be vented to the atmosphere without control once a turnover of at least four vapor space volumes, or four turnove rs of the vapor space under a floating roof, has occurred. If the tank or vessel is drained dry and if th e flow of displacement gases is measured properly, four turnovers would generally be sufficient to reduce VOC concentrations to less than 34,000 ppmv. However, if liquids remain in the bottom of the tank or vessel, as commonly occurs due to irregularities in the vessel surface, th e remaining liquid would

continue to be a source of VO C emissions after the four turnove r criterion has been satisfied.

In addition, the commission is providing source s in the Beaumont-Port Arthur, Dallas-Fort Worth, or El Paso areas with the option for the tank or vessel to be vent ed to the atmosphere

without control for the remainde r of the degassing operation once the VOC concentration before

the inlet to the control device is less than 50% of the LEL. Th e adopted control requirements

allow the tank or vessel to be vented to the atmosphere without control once the VOC concentration reaches 34,000 ppmv, expressed as methane or 50% of the LEL. The adopted new option for the tank or vessel to be vented to the atmosphere without control once the VOC

concentration is less than 50% of the LEL as st ringent than the existing option for the tank or vessel to be vented to the atmosphere wit hout control once the VOC concentration reaches 34,000 ppmv, expressed as methane. Existing §115.542(b)(4) uses 20% of the LEL as one of the options for determining when marine vessels in th e Beaumont-Port Arthur area may be vented to the atmosphere without control. Because the LEL criterion is an option to allow flexibility in measurement methods and because the existing 34,000 ppm(v) concentration limit is the least stringent option, the adopted option to allow 50% of the LEL instead of 20% of LEL in adopted new subsection (b) will not allow an increase in VOC emissions over those allowed under existing §115.542(b)(4).

Adopted new §115.542(c) requires degassing equipmen t to be designed and operated to prevent avoidable liquid or gaseous VOC leaks. Adopt ed new subsection (c) contains the same requirement in existing §115.542(a)(4) and (b)(3).33 Adopted new §115.542(d) requires that when dega ssing is effected through the hatches or manways of a storage tank, all lines must be equipped with fittings that make vapor-tight connections. Adopted new subsection (d) contai ns portions of the requirement in existing §115.542(a)(3). Proposed new subsection (d) would ha ve also required all lines to be closed when disconnected or equipped to discharge residua l VOC in the line into a closed recovery or disposal system after degassing is complete. Ho wever, in response to comments the commission is deleting this requirement because the VOC con centration in the lines w ill already be less than the VOC concentration that is required to be ro uted to a control device and therefore will not need to be controlled to demonstrate complian ce with the requirements in this division.

Adopted new §115.542(e) requires that when dega ssing is effected through the hatches of a transport vessel with a loading arm equipped wi th a vapor collection adapter, a pneumatic, hydraulic, or other mechanical means must be pr ovided to force a vapor- tight seal between the adapter and the hatch. Adopted new subsection (e) also requires a means to be provided to minimize liquid drainage from the degassing equipm ent when it is removed from the hatch or to accomplish drainage before such removal. A dopted new subsection (e) contains the same requirement in existing §115.542(a)(2).

Adopted new §115.542(f) requires that when degassi ng is effected through the hatches of a marine vessel with a loading arm equipped with a vapor collection adap ter, then pneumatic, hydraulic, or other mechanical means must be pr ovided to force a vapor- tight seal between the adapter and the hatch, or a negative pressure in side the cargo tank must be maintained. Adopted new subsection (f) also requires a means to be provided to minimize liquid drainage from the degassing equipment when it is removed from the hatch or to accomplish drainage before such removal. Adopted new subsection (f) contains th e same requirement in existing §115.542(b)(2).

Section 115.543, Alternate Control Requirements

The commission adopts non-substantive revisions to §115.543 necessary to comply with current rule formatting standards without changes from proposal.

Section 115.544, Inspection, Monitoring, and Testing Requirements

The commission is changing the title of §115.444 from Inspection Requirements to Inspection, Monitoring, and Testing Requirements to reflect the adopted cha nges to the content of this

section.

The commission adopts subsection (a) to specify the inspection requirements that apply during the degassing of any storage tank, transport vessel, or marine ve ssel subject to this division.

The commission is amending §115.544(a)(1) with non-substantive changes necessary to comply with current rule formatting st andards. Amended paragraph (1) requires inspection for visible liquid leaks, visible fumes, or significant odors resulting from VO C transfer operations that are conducted during each degassing operation.

The commission is amending §115.544(a)(2) with non-substantive changes necessary to comply with current rule formatting standards. Amended paragraph (2) requires dega ssing through the34 affected transfer lines to be discontinued when a leak is observed that cannot be repaired within a reasonable length of time. The commission is re moving the sentence in existing paragraph (2) that indicates that the intentional bypassing of a vapor control device during degassing is prohibited. The commission is removing this supe rfluous sentence because the same requirement is already more appropriat ely included in the emissi on specifications in §115.542.

Adopted §115.544(b) specifies the monitoring requi rements that apply during the degassing of any storage tank, transport vessel, or marine vesse l subject to this divi sion. Adopted subsection (b) also indicates that monitoring at least on ce every 15 minutes is sufficient to demonstrate compliance with the continuous monitori ng requirements in this subsection.

Adopted §115.544(b)(1) requires any monitoring device used to comply with the requirements in this subsection to be installed, calibrated, maintained, and operated according to the

manufacturer’s instru ctions. The commission is adopti ng paragraph (1) to clarify the expectations associated with m onitoring equipment used to comply with the requirements in this

division.

Adopted §115.544(b)(2) requires the owner or operat or to monitor any operational parameters necessary to demonstrate the pr oper functioning of a control de vice used to comply with the requirements in this division at all times when VOC vapors are routed to the device. Adopted paragraph (2) contains the same monitoring requirements in existing §115.546(2) and also includes the applicable monitoring requirement s associated with the adopted new control options.

Adopted §115.544(b)(2)(A) requires th e owner or operator to con tinuously monitor the exhaust gas VOC concentration of any car bon adsorption system that re generates the carbon bed directly to determine breakthrough. Alte rnatively, adopted subparagra ph (A) requires the owner or operator to periodically mon itor the exhaust gas VOC determ ine breakthrough and switch the exhaust gas flow to fresh carbon for any carbon ad sorption system that does not regenerate the carbon bed directly, as speci fied by 40 CFR §61.354(d) (as amended through October 17, 2000 (65 FR 62160)), except that any monitoring must be conducted at interval s no greater than 20% of the design carbon replacement interval. Adopted §115.544(b)(2)(A) was revised from proposal to specify the applicable version of 40 CFR §60.354(d). Adopted subparagraph (A) contains the requirements in existing §115.546(2) (C). In addition, adopted subparagraph (A) clarifies that the owner or ope rator must switch the exhaust ga s flow to fresh carbon for any carbon adsorption system that does not regenerate the carbon bed di rectly and clarifies that any monitoring must be conducted at intervals no gr eater than 20% of the design carbon replacement interval. The commission is adopting these additi onal requirements to account for the high flow rate conditions encountered during degassing ope rations. In addition, adopted subparagraph (A) specifies that for the purpose of this divisi on, breakthrough is define d as a measured VOC concentration exceeding 100 ppmv, expressed as methane above background. The adopted threshold is based on the requirements in the Refinery MSS Model Permit.

Adopted §115.544(b)(2)(B) requires th e owner or operator to conti nuously monitor the inlet and outlet gas temperature of a catal ytic incinerator. Adopted subpa ragraph (B) contains the same requirements in existing §115.546(2)(B).35 Adopted §115.544(b)(2)(C) requires th e owner or operator to conti nuously monitor the outlet gas temperature of a condensation system to ensure th at the temperature is below the manufacturer’s recommended operating temperature for controlli ng the VOC vapors routed to the device. The adopted monitoring and associated recordkeepin g requirement also appl y if the condensation system is part of a recirculation system.

Adopted §115.544(b)(2)(D) requires th e owner or operator to con tinuously monitor the exhaust gas temperature immediately downstream of a di rect-flame incinerator. Adopted subparagraph (B) contains the same requirements in existing §115.546(2)(C).

Adopted §115.544(b)(2)(E) requires th e owner or operator to comply with one of the monitoring requirements in clauses (i) - (iv) if a flare is used to comply with the requirements in this division. In response to comments, subparagraph (E) was revised to clarify that the purpose of these monitoring requirements is to demonstrat e compliance with the requirements in 40 CFR §60.18. In response to comments, clauses (i) - (iii) were amended from proposal to refer the gas

stream routed to the flare and not just the VOC vapors routed to the flare. Adopted clause (i) requires the owner or operator to continuously monitor the net h eating value of the gas stream routed to the flare. In respons e to comments, changes were made to the proposed language in clause (ii). As proposed, clause (i i) would have required the owner or operator to assume zero net heating value contribution from the VOC vapors rout ed to the flare. Adopte d clause (ii) requires the owner or operator to continuous ly monitor the total volume of supplemental fuel added to the gas stream routed to the flare a nd continuously maintain sufficient supplemental fuel to meet the minimum net heating value requirements in 40 CFR §60.18 assuming that the net heating value of the degassed VOC vapor is equivalent to a level corresponding to 50% of the LEL. New clause (ii) also allows the owner or operator to estimate the flow rate of the VOC vapors from the

tank or vessel if the flow rate is not monitore d. Proposed clause (ii) would have required the owner or operator to continuously monitor the total vo lume of supplemental fuel added to the VOC vapors routed to the flare and assume the ne t heating value of the VOC vapors routed to the flare is zero. Adopted clause (iii) requires the owner or ope rator to use calculations to

demonstrate that for the material stored in the tank or vessel the net he ating value of the gas stream routed to the flare cannot drop below the minimum net heating value requirements in 40 CFR §60.18 until the concentration of VOC in the vapor s being routed to the flare is less than the concentration limits in §115.542(b). In response to comments, a new cl ause (iv) is added to allow for the monitoring of hydrogen content instead of net heating value for non-assisted flares electing to comply with 40 CFR §60.18(c)(3)(i).

Adopted §115.544(b)(2)(F) requires the owner or operator to use one of the following methods to monitor the exhaust gas VOC concentration fo r any control device used to comply with the option in §115.542(a)(4) to limit exhaust concentr ation. Proposed subparagraph (F) would have required monitoring the exhaust gas VOC concen tration at least once per hour. However, in response to comments, adopted subparagraph (F) requires owner or operator to perform a single

one-hour test to demonstrate the concentration of the VOC is below the concentration limit in §115.542(a)(4). Adopted subparagraph (F) also specifies the test must begin within one hour after the start of the degassing operation. The beginning of the dega ssing operation is when peak

VOC concentration to the control device is expected. If the contro l device demonstrates that the VOC concentration is less than the limit during th is initial one-hour test , then further testing during that same degassing event should not be necessary. In addition, as proposed,36 subparagraph (F) would have requ ired the owner or operator of any internal combustion engine

used as a control device to monitor the exhaus t gas VOC concentration hourly for the entire duration of the degassing event. As discu ssed in the RESPONSE TO COMMENTS portion of this preamble, the commission is not adopting th is requirement for engines and has instead adopted a subparagraph (I) that specifies m onitoring exhaust gas oxygen monitoring as the appropriate parameter monitoring fo r internal combustion engines.

Adopted subparagraph (F) also specifies that th e VOC concentration must be determined using the methods listed in adopted clauses (i) and (ii). Adopted clause (i) requires the VOC concentration to be determined by using the in tegrated bag sampling procedure in Method 18 (40 CFR Part 60, Appendix A) §§8.2.1.1 - 8.2.1.4 and a total hydrocarbon analyzer that meets instrument and calibration specifications in Meth od 21. As an alternative to clause (i), adopted clause (ii) requires the VOC c oncentration to be determined by continuously monitoring the exhaust gas VOC concentration using Me thod 25A (40 CFR Part 60, Appendix A).

Adopted §115.544(b)(2)(G) requires the owner or operator to conti nuously monitor the combustion chamber temperature of a thermal oxidizer or vapor combustor. Adopted subparagraph (G) also re quires the owner or operator to con tinuously monitor the gas flow rate

into the thermal oxidizer or va por combustor to determine the combustion chamber residence time if necessary to demonstrate compliance with §115.544(c)(3). In re sponse to comments, adopted subparagraph (G) was revised from propos al to apply the requirements for thermal

oxidizers to both thermal oxidi zers and vapor combustors.

Adopted §115.544(b)(2)(H) requires th e owner or operator to conti nuously monitor the pressure

inside the tank or vessel or cont inuously monitor the gas flow rate at the inlet a nd outlet of the

control device if a recirculati on system is used to comply with this division. Adopted subparagraph (H) also requires the owner or operator to monitor for VOC leaks using the procedure in Method 21 and begin this monitori ng within one hour after beginning any degassing operation. For the purposes of this requirement, th e adopted rule defines a leak as a screening concentration greater than 500 ppm(v) above background as methane for all components.

In response to comments, the commission is adopting §115.544(b)(2)(I) speci fying that for an internal combustion engine, the owner or operato r shall continuously monitor the engine exhaust gas oxygen content throughout the dega ssing operation as an indicato r of the proper operation of the engine.

In response to comments, the commission is adopting §115.544(b)(2)(J) sp ecifying that for a control device not listed, the owner or operato r shall continuously monitor one or more operational parameters sufficient to demonstrat e proper functioning of the device to design specification. The commission is adopting this provision to ensure the operational parameter monitoring of any device used to comply with the requirements in this division.

Adopted §115.544(b)(3) requires the owner or operat or to monitor the VOC concentration to demonstrate compliance with the VOC concentration or percent LEL limits in §115.542(b) and determine if the storage tank, transport vessel, or marine vessel can be vented to the atmosphere

without control for the remainde r of the degassing operation, except as specified in paragraph (4). Adopted §115.544(b)(3)(A), proposed as §115.544( b)(3), requires the VOC concentration to37 be monitored once per minute for at least five mi nutes, and all measurements must be less than the VOC concentration limits in §115.542(b). Th e commission is adopting this language to clarify the monitoring procedure that should be us ed to determine the VOC concentration prior to venting the tank or vessel to the atmosphere w ithout control for the remainder of the degassing operation. The commission is adopting this procedur e to increase consistenc y between this rule and the Refinery MSS Model Permit. In response to comments, the commission is also adopting §115.544(b)(3)(B) to allow the VOC concentration to be monitored over a five-minute period using the integrated bag sampling procedur e in Method 18 (40 CFR Part 60, Appendix A) §§8.2.1.1 - 8.2.1.4 and the integrated measurement must be less than the VOC concentration limits in §115.542(b). The commission is adopting this alternative mon itoring option as an equivalent procedure to the monitoring op tion in adopted §115.544(b)(3)(A). As adopted, §115.544(b)(3)(B) would allow the us e of integrated bag sampling for determining the VOC concentration for the purposes of either the 34,000 ppmv, expresse d as methane or the 50% of

the LEL limit.

Adopted §115.544(b)(4) requires the owner or operator of any storage tank, transport vessel, or marine vessel to comply with one of the condi tions in this paragra ph after demonstrating compliance with the applicable VOC concentr ation or percent LEL limits in §115.542(b) or (c) in accordance with paragraph (3). The existing ru le requires affected owners or operators to

monitor a tank or vessel for 48 hour s after reaching the applicable VOC concentration or percent LEL limits. The commission is expanding this option to all areas affected by this rulemaking as well as providing additional options.

Adopted §115.544(b)(4)(A) allows the VOC concentr ation inside the tank or vessel to be monitored once every 12 hours while venting to the atmosphere withou t control until five

consecutive measurements coll ected at 12-hour intervals are measured to be less than 34,000 ppm(v)or less than 50% of the LEL. The VOC con centration measurement re quired by paragraph (3) may be considered the first of these five consecutive measurements. Adopted clause (i) specifies that if venting to the atmosphere without control has been suspended for more than four hours, the VOC concentration inside the tank or vessel must be measured upon restart of the degassing operation. For consistency, adopted clau se (i) was revised from proposal to read venting to the atmosphere without control instead of uncontrolled venting to the atmosphere. Adopted clause (ii) specifies that if any of th e VOC concentration measurements equal or exceed 34,000 ppmv, expressed as methane or 50% of the LEL, the tank or vessel must be routed to the

control device until the VOC concentration is below 34,000 ppmv, expressed as methane or less than 50% of the LEL as determined by subsection (b)(3). Adopted subparagr aph (A) contains the existing requirements in §115.542(a) (6) and (b)(5) for the Houst on-Galveston-Brazoria area and applies this same requirement to all affected ar eas. In response to comments, the commission is also adopting clause (iii) to specify that if the measured VOC concentration is less than 6,800 ppmv, expressed as methane or 10% of the LEL then no further VOC concentration measurements are required. The commission is adopting this option based on the premise that

once the VOC concentration inside the tank or vessel is less than 1/5 of the standard it will not be possible for the VOC concentration to rise a bove 34,000 ppmv, expressed as methane or 50% of

the LEL.

Adopted §115.544(b)(4)(B) allows the storage tank, transport vessel, or marine vessel to be vented to the atmosphere without control for the remainder of the de gassing operation with no38 further VOC measurements if the VOC concentra tion inside the tank or vessel is less than 6,800 ppmv, expressed as methane or 10% of the LEL be fore the owner or operator stops routing the VOC vapors to a control device in accordance with §115.541 and §115.542. Proposed subparagraph (B) would have required the VOC con centration inside the ta nk or vessel to be less than 1% of the LEL before the owner or opera tor stops routing the VOC vapors to a control device in accordance with §115.541 and §115.542. Howe ver, in response to comments, the commission is adopting a threshold of 6,800 ppmv , expressed as methane or 10% of the LEL, based on the premise that once the VOC concentrati on inside the tank or vesse l is less than 1/5 of the standard it will not be possible for th e VOC concentration to rise above 34,000 ppmv, expressed as methane or 50% of the LEL within the first 12 hour s after disconnecting the control

device.

The commission is not adopti ng the option proposed in §115 .544(b)(4)(C) that would have allowed the owner or operator to use the procedure in this subpa ragraph to demonstrate that the

VOC concentration inside the tank or vessel will not increase above the applicable concentration limit in §115.542(b) or (c) before ve nting the tank or vessel to the atmosphere for the remainder of the degassing operation. As discussed in the RESPONSE TO COMMEN TS section of this preamble, the commission is not adopting this proposed option because this proposed procedure may not guarantee that the VOC concentrati on will not rise above 34,000 ppmv, expressed as

methane.

In response to comments, the commission is adopting §115.544(b)(5) sp ecifying that minor modifications to the monitoring methods may be approved by the executiv e director and that monitoring methods other than thos e specified in this subsection may be used if approved by the executive director and validated by 40 CFR Pa rt 63, Appendix A, Method 301. The commission is adopting this provision to provide additional flexibility to affected owners or operators.

Also, in response to comments, the commission is adopting §115.544(b)(6) to clarify that the sampling location for performing the m onitoring required by §115.544(b)(3) may be immediately before the control device, in the tran sfer line from the tank or vessel to the control device, or in the vapor space of the tank or vessel provided it is representative of the concentration of VOC entering the control device.

The commission adopts §115.544(c) to specify the tes ting requirements that apply to the owner or operator of any storage tank, tr ansport vessel, or marine vessel subject to this division if a

control device is used to comply with the emission specifications in §115.541.

Adopted §115.544(c)(1) requires an initial control e fficiency demonstration to be conducted in accordance with the approved test methods in §1 15.545 for a control device used to comply with the requirements in §115.542(a)(1). Proposed paragr aph (1) would have requi red the device to be retested within 60 days after any modification th at could reasonably be ex pected to affect the efficiency of a control device. However, in response to comments, adopted paragraph (1) requires the device to be retested after any modification that coul d reasonably be expected to decrease the efficiency of a control device within 60 days after the modification or before being used to comply with the requirements in §115.542( a)(1), whichever is longer. The commission is clarifying that the retest is only required if the modification would decrease the control efficiency of the device. The commission is also providing additional time to conduct the required retesting39 for control devices that are not consistently used to comp ly with the requirements in §115.542(a)(1).

Adopted §115.544(c)(2) requires a periodic control e fficiency demonstration to be conducted at least once every 60 months in accordance w ith the approved test methods in §115.545 for a portable control device used to comply with the requirements in §115.542(a)(1).

Adopted §115.544(c)(3) exempts a portable thermal oxi dizer or vapor combustor used to comply with the requirements in §115.542(a)(1) from the pe riodic control efficiency demonstration in paragraph (2) if the combustion chamber temperature is at leas t 1,400 degrees Fahr enheit and the flow rate of the VOC vapors routed to the de vice is limited to assure at least a 0.5 second

residence time all times when the device is in us e. In response to comments, adopted paragraph (3) is revised from proposal to apply the requ irements proposed for thermal oxidizers to both thermal oxidizers and vapor combustors.

Section 115.545, Approved Test Methods

The commission adopts the repeal of existing §115.545 in order to reformat and clarify the approved test methods in this division. The ex isting requirements in th is section are being incorporated into adopted new §115.545.

The commission adopts new §115.545 to indicate that compliance with the requirements in this division must be determined by applying one or more of the following test methods or procedures, as appropriate. Adopted new §115.545 amends the existing language in §115.545 to improve consistency with other rules in Chapter 115 and to more clearly i ndicate that the test

methods listed in this section must be used to demonstrate compliance w ith all the requirements in this division not just the requirements in §115.541 and §115.542.

Adopted new §115.545(1) requires the use of Met hods 1 - 4 (40 CFR Part 60, Appendix A) for determining flow rates. Adopted new paragraph (1) contains the same requirement in existing paragraph (1) with non-substantive changes necessa ry to comply with current rule formatting

standards.

Adopted new §115.545(2) allows for the use Met hods 3, 3A, or 3B (40 CFR Part 60, Appendix A) to determine exhaust gas oxygen concentration for making any oxygen corrections necessary for §115.541(a)(4).

Adopted new §115.545(3) allows the use of Me thod 18 (40 CFR Part 60, Appendix A) for determining gaseous organic compound emi ssions by gas chromatography. Adopted new paragraph (3) incorporates the requirement in existing paragraph (2 ) with non-substantive changes necessary to comply with current rule formatting standards. Adopted new subparagraph (A) requires only one bag sample to be collected for each concentration measurement if Method 18 is used to demonstrate compliance with the VOC concentration monitoring requirements in §115.542(b) and §115.544(b)(4). Adopted new subparagr aph (A) contains same requirement in existing paragraph (11)(B) for use in the Housto n-Galveston-Brazoria area. The adopted rule allows only one bag sample to be collected for each concentration measurement if Method 18 is used for demonstrating compliance with the VOC concentration monitoring requirements in all40 areas affected by the rule. Adopted new subparagr aph (B) requires the VOC concentration to be determined by using the integrated bag sampling procedure in Method 18, §§8.2.1.1 - 8.2.1.4 if Method 18 is used to demonstrate complian ce with the VOC concentration monitoring requirements in §115.544(b)(2)(F) for an internal co mbustion engine or any control device used to comply with the option in §115.542(a)(4) to limit exhaus t concentration. Adopted new subparagraph (B) was revised from proposal to remove the reference to the hourly VOC concentration measurements since this requirement was amended in response to comments.

Adopted new §115.545(4) allows for the use Method 19 (40 CFR Part 60, Appendix A) for determining exhaust gas flow rates on combustion c ontrol devices in lieu of using Methods 1 - 4.

Adopted new §115.545(5) allows Method 21 (40 CFR Part 60, Appendix A-7) to be used for determining VOC leaks. This portion of a dopted new paragraph (5) contains the same requirement in existing paragraph (6). Adopted new paragraph (5) also allows an instrument meeting the specifications and calibration requirements in Method 21 to be used for demonstrating compliance with the VOC concen tration monitoring requirements in §115.542(b) and §115.544(b)(3) and (4) with the pr ovision that the instrument re sponse factor criteria in §8.1 of Method 21 may be determined using the averag e composition of the liquid in the tank rather than for each individual liquid. This portion of adopted new para graph (5) contains the same requirement in existing paragraph (11)(A) for us e in the Houston-Galveston-Brazoria area. The commission is allowing the use of an instrume nt meeting the specifications and calibration requirements in Method 21 for demonstrati ng compliance with the VOC concentration monitoring requirements in all areas affected by the rule.

Adopted new §115.545(6) allows Method 25 (40 CF R Part 60, Appendix A) to be used for determining total gaseous non-methane organic emissions as carbon. Adopted new paragraph (6) contains the same requirement in existing paragraph (3).

Adopted new §115.545(7) allows Methods 25A or 25B (40 CFR Part 60, Appendix A) to be used for determining total gaseous organic concentra tions using flame ioniza tion or non-dispersive infrared analysis. Adopted new paragraph (7) contains the same requirement in existing paragraph (4).

Adopted new §115.545(8) allows Method 27 (40 CF R Part 60, Appendix A) to be used for determining tank-truck leaks. Adopted new para graph (8) contains the same requirement in existing paragraph (8).

Adopted new §115.545(9) allows for the use of a portable oxygen analyzer that is calibrated, maintained, and operated according to the manufactur er’s instructions to determine exhaust gas oxygen concentration for making any oxygen correctio ns necessary for §115.542(a)(4) in lieu of using Methods 3, 3A, or 3B.

Adopted new §115.545(10) allows additional test procedures described in 40 CFR §60.503(b) - (d) (effective February 14, 1989) to be used for determining compliance for bulk gasoline terminals. Adopted new paragraph (10) contains th e same requirement in ex isting paragraph (5).41 Adopted new §115.545(11) requires the true vapor pr essure to be determined using standard reference texts or American Society for Te sting and Materials Test Method D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with Ameri can Petroleum Institute Publication 2517, Third Edition, 1989. Adopted new paragraph (11) contains the same requirement in existing paragraph (7) with the following additions. In response to comments, the commission has also added the option to use standard reference texts to de termine the true vapor pressure. Adopted new paragraph (11) also includes new language to clarify that for the purposes of temperature correction, the owner or operator shall use the actual storage temperature. In response to comments, the commission is not adopting the pr oposed requirement that for the purposes of temperature correction, the owner or operator shall use th e higher of either 95 degrees Fahrenheit or the actual storage temperature. Adopted new paragraph (11) allows the actual storage temperature of an unheated tank or vessel to be determined using the maximum local monthly average ambient temperature as reported by the National Weather Service. Adopted new paragraph (11) also allows th e actual storage temperature of a heated tank or vessel to be determined using either the measured temperatur e or the temperature se t point of the tank or

vessel.

Adopted new §115.545(12) allows the test pr ocedures in 40 CFR §63.565(c) or 40 CFR §61.304(f) to be used for determination of marine vessel vapor tightness. Adopted new paragraph (12) contains the same requi rement in existing paragraph (9).

Adopted new §115.545(13) allows LEL detectors to be used for the concentration measurement required by §115.542(b) and §115.544(b)(3) and (4), if th e detector is calibrated and maintained according to manufacturer’s specifications. Adop ted new paragraph (13) contains the same requirement in existing paragraph (11)(F) for us e in the Houston-Galveston-Brazoria area and allows the use of LEL detectors for required concen tration measurements in all areas affected by

the rule.

Adopted new §115.545(14) allows minor modifications to the test methods in this section to be used if approved by the executive director. A dopted new paragraph (14) contains the same requirement in existing paragraph (10).

Adopted new §115.545(15) allows test methods other th an those specified in this section to be used if validated by 40 CFR Part 63, Appendix A, Test Method 301 and approved by the executive director. Adopted new paragraph (15) establishes cons istency in the rules by providing an affected owner or operator with the same flex ibility afforded to the owner or operator of other units regulated in Chapter 115.

The commission is deleting the option in existin g paragraph (11)(C) to use bag samples to

measure the VOC concentration in the Houst on-Galveston-Brazoria area, if the means of collecting the sample and the type of bag used ar e 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. Th e commission is removing this option because it does not provide enough specificity to ensure the appropriate use of this sampling method.42 The commission is deleting the option in para graph (11)(E) to use portable hydrocarbon gas analyzer using an appropriate detector that is e ffective in the concentra tion range being measured and calibrated with compounds of interest in each case if the analyz er is calibrated and maintained according to the manufacturer’s spec ifications. The commission is removing this option because it does not provide enough specifi city to ensure the use of appropriate

instruments. The commission contends that the use of an instrument meeti ng the specifications in Method 21 is more appropriate for demonstrating compliance with the VOC concentration monitoring requirements.

Section 115.546, Recordkeeping and Notification Requirements

The commission is changing the title of §115.546 from Monitoring and Recordkeeping Requirements to Recordkeeping and Notification Requirements to reflect the adopted changes to

the content of this se ction to relocate the monitoring re quirements to §115.544 and to require notification of dega ssing operations.

Adopted §115.546(a) specifies the recordkeeping requirements for this division. Adopted subsection (a) incorporates the existing requirements in §115.546 fo r the owner or operator of any VOC storage tank, transport vessel, or marine vessel subject to the requirements in this

division to maintain records on si te for at least two years and ma ke these records available upon request to authorized representatives of the execu tive director, the EPA, or any local air pollution control agency with jurisdiction. In addition, th e commission is changing the record retention time from two years to five years for all records created on or after March 1, 2009. The commission is increasing the record retention ti me from two years to five years because the commission anticipates that most of the facilities subject to this division are already required to keep records for five years to comply with their Title V permit requirements. The new five-year record retention time only applies to those records gene rated after or during the time period two years before the effective date of the adopted rule.

The commission is relettering the existi ng requirements in §115.546(1), (1)(A) - (C) as §115.546(a)(1), (a)(1)(A) - (C ), respectively, with non-substantiv e changes necessary to comply with current rule formatting standards.

Adopted §115.546(a)(1)(D) requires the affected owner or operator to keep records of the VOC concentration or percent LEL measurements re quired in §115.544(b)(3) to determine when the storage tank, transport vessel, or marine vessel can be vented to the atmosphere without control. Adopted subparagraph (D) clarifies the intent of the existing requirement in §115.546(4) to maintain results of any testing conducted in accordance with the provisions specified in §115.545 includes maintaining records to demonstrate compliance with the VOC concentration limits in §115.542.

Adopted §115.546(a)(1)(E) requires records of the VOC concentration or percent LEL measurements required in §115.544(b)(4). Adopted subparagraph (E) includes the requirements in existing §115.546(1)(D) for affected sources in the Houston-Galveston-Brazoria area and also reflects the adopted revision to include this same monitoring requirement for all affected areas subject to this division.43 Adopted §115.546(a)(2) requires the owner or operat or to maintain records of any operational parameter monitoring required in §115.544(b)(2) for a control device used to comply with the requirements in this division.

Adopted §115.546(a)(2)(A) requires the owner or operator to ma intain records of the VOC

concentration measurements required in §115.544(b)(2)(A) for a carbon adsorption system. Adopted subparagraph (A) contains the existing requirements in §115.546(2)(C).

Adopted §115.546(a)(2)(B) requires th e owner or operator to mainta in records of the continuous monitoring of the inlet and outlet gas temperat ure of a catalytic incinerator required in §115.544(b)(2)(B). Adopted subparagraph (B) cont ains the same requirements in existing §115.546(2)(B).

Adopted §115.546(a)(2)(C) requires th e owner or operator to mainta in records of the continuous monitoring of the outlet gas te mperature to ensure that the temperature is below the manufacturer’s recommended operating temperat ure for controlling the VOC vapors that are routed to a condensation system as required in §115.544(b)(2)(C).

Adopted §115.546(a)(2)(D) requires th e owner or operator to mainta in records of the continuous monitoring of the exhaust gas temperature immedi ately downstream of a direct-flame incinerator as required in §115.544(b)(2)(D). Adopted subparagr aph (D) contains the same requirements in existing §115.546(2)(A).

Adopted §115.546(a)(2)(E) requires th e owner or operator to mainta in records of the continuous monitoring of the net hea ting value of the VOC vapors routed to the flare, the supplemental fuel added to the VOC vapors routed to the flare, or the engineering cal culations required in §115.544(b)(2)(E).

Adopted §115.546(a)(2)(F) requires th e owner or operator to mainta in records of the monitoring of the exhaust gas VOC concentration required in §115.544(b)(2)(F) for any control device used to comply with the option in §115.542(a)(4) to limit exhaust concen tration. As discussed in the RESPONSE TO COMMENTS portion of this pream ble, the commission is not adopting this requirement for internal combustion engines. Adopt ed subparagraph (F) also requires records of the monitoring method used to de termine the VOC concentration.

Adopted §115.546(a)(2)(G) requires th e owner or operator to mainta in records of the continuous monitoring of the combustion cham ber temperature of a thermal oxi dizer or vapor combustor as required in §115.544(b)(2)(G). Adopted subparagraph (G) also requires the owner or operator to maintain records of the continuous monitoring of the gas flow rate into the thermal oxidizer or vapor combustor to determine the residence time if necessary to demonstrate compliance with §115.544(c)(3). In response to comments, adopte d subparagraph (G) was revised from proposal to apply the requirements proposed for thermal ox idizers to both thermal oxidizers and vapor

combustors.

Adopted §115.546(a)(2)(H) requires th e owner or operator to mainta in records of the continuous monitoring of the pressure inside the tank or vessel or the conti nuous monitoring of the gas flow

rate at the inlet and ou tlet as required in §115.544(b )(2)(H) if a recirculation system is used to44 comply with this division. Adopted subparagrap h (H) also requires the owner or operator to maintain records of the Method 21 monitoring for VOC leaks within one hour after beginning any degassing operation, including the VOC measur ements and the time the monitoring began.

In response to comments, the commission is adopting §115.546(a)(2)(I) re quiring the owner or operator to maintain records of the continuous engine exhaust gas oxygen content monitoring required in §115.544(b)(2)(I) if an internal combus tion engine is used to comply with this

division.

In response to comments the commission is adopting §115.546(a)(2)(J) requ iring the owner or operator to maintain records of the continuous operational parameter monitoring required in §115.544(b)(2)(J) sufficient to demonstrate proper f unctioning of the control device not listed in this paragraph.

The commission is amending §115.546(a)(3) with non-substantive changes necessary to comply with current rule formatting sta ndards. The adopted amendment to paragraph (3) also indicates the commission is relettering the insp ection requirements in §115.544 as §115.544(a).

The commission is amending §115.546(a)(4) with non-substantive changes necessary to comply with current rule formatting st andards. The adopted amendment to paragraph (4) also requires the records to contain all applicab le requirements from the commission’s Sampling Procedures
Manual, Chapter 14.0, Contents of Sampling Reports (January 2003, revision one). The commission adopts this recordk eeping requirement to clarify what information the commission expects to be included in the records of a ny testing conducted in accordance with the approved test methods in §115.545.

Adopted §115.546(a)(5) requires the owne r or operator to maintain r ecords of the manufacturer’s

instructions for insta llation, calibration, maintenance, and op eration for any monitoring device used to comply with the re quirements in this division.

Adopted §115.546(b) requires that u pon request by authorized repres entatives of the executive director, the owner or operator of a storage tank, transport vessel, or marine vessel in the Houston-Galveston-Brazoria area to notify th e appropriate regional office of upcoming degassing operations. The adopted notification require ments facilitate the enforcement of the rule by allowing investigators to obs erve degassing operations.

Section 115.547, Exemptions

The commission adopts non-substantive changes to §115.547 necessary to comply with current rule formatting standards.

The commission is deleting existing language in pa ragraph (1) to clarify the rule applicability, the commission adopts that this division apply to any storage tank, transport vessel, or marine vessel storing VOC liquids with a true vapor pr essure greater than or equal to 0.5 psia under actual storage conditions. The co mmission is removing the exemption in existing paragraph (1) because it is no longer necessary to exempt any storage tank, transport vessel, or marine vessel45 storing VOC liquids with a vapor space partial pr essure less than 0.5 psia under actual storage

conditions.

Adopted §115.547(1) contains the por tions of existing paragraph (2) that relate to storage tanks. Adopted paragraph (1) specifies th at any storage tank with a stor age capacity of less than one million gallons is exempt from this division. Ad opted paragraph (1) also indicates that after January 1, 2009, in the Houston-Galveston-Br azoria area, the stor age tanks listed in subparagraphs (A) and (B) are no longer exempt fr om the requirements of this division. Adopted subparagraph (A) clarifies that storage tanks in the Houston-Galveston-Brazoria area with a storage capacity greater than or equal to 250,000 gallons but less than one million gallons are no longer exempt from this divisi on after January 1, 2009. Adopted s ubparagraph (B) clarifies that storage tanks in the Houston-Galveston-Brazoria area with a storage 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 are no longer exempt from this di vision after January 1, 2009.

Adopted §115.547(2) exempts any transport vessel in the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria ar eas with a storage cap acity of less than 8,000 gallons from the requirements in this division.

Adopted paragraph (2) contains th e portions of existing paragraph (2) that relate to transport
vessels.

Adopted §115.547(3) exempts any marine vessel inthe Beaumont-Port Arthur and HoustonGalveston-Brazoria areas with a storage cap acity of less than 420,000 gallons from the requirements in this division. Adopted paragraph (3) contains the portions of existing paragraph (2) that relate to marine vessels. The commission is deleting the reference to 10,000 barrels in the existing rule to be consistent with the format of the other exemptions in this section that do not include references to the equi valent value in barrels.

The commission is renumbering the requireme nt in existing paragraph (3) as adopted §115.547(4) with only non-substantive changes necessa ry to comply with current rule formatting

standards.

The commission is renumbering the requireme nt in existing paragraph (4) as adopted §115.547(5) with non-substantive changes necessary to comply with current rule formatting standards. The commission also amends existing pa ragraph (4) to indicate that requirements in existing §115.541(b) and §115.542(b) are a dopted as §115.541 and §115.542. In addition, adopted paragraph (5) limits this exemption to on ly apply for 30 calendar days after the damage to the cargo tank is sustained. The commission is adopting this new limit to minimize emissions from damaged marine vessels.

The commission is renumbering the requireme nt in existing paragraph (5) as adopted §115.547(6) with only non-substantive changes necessa ry to comply with current rule formatting

standards.

Section 115.549, Compliance Schedules46 The commission is changing the title of §115.449 from Counties and Compliance Schedules to Compliance Schedules to establish consistency wi th other Chapter 115 rules.

Adopted §115.549(a) states that aff ected owners or operators in Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller Counties were required to be in compliance with this divi sion by November 15, 1996, and shall continue to comply with this division. The existing subsectio n (a) states that all affected persons shall continue to comply with this division as required by §115.930. Section 115.930 indicates that for all counties affected by this chapter, the fi nal compliance dates for revisions to control requirements are given within th e section relating to counties a nd compliance schedules in each division if the final compliance da te of any provision is after the date of adoption of the current revision to this chapter; if the compliance dates are not specified for any provision, the compliance date is past and all affected person s must be and remain in compliance with the provision as of the original compliance date. Adop ted subsection (a) estab lishes consistency with other rules in Chapter 115 and improves the read ability of the rule by clearly indicting the compliance schedule in the same portion of Chapter 115.

Adopted §115.549(b) indicates that all affected ow ners or operators in Collin, Dallas, Denton,

and Tarrant Counties shall be in compliance with this division as soon as practicable, but no later than May 21, 2011. The adopted change reflects th e rule compliance date for these counties that was recently published in the May 21, 2010, issue of the Texas Register (35 TexReg 4268) based on the commission’s determination that this continge ncy rule is necessary as a result of failure to attain the NAAQS for ozone by the attainment deadline. In response to comments, the commission is also allowing the owner or operato r to delay compliance with the requirements in §115.544(b)(2)(E) until March 1, 2012, if compliance with this pr ovision requires the installation of additional monitoring equipment. The Marc h 1, 2012, compliance date is approximately one year after the effective date of this rule revision. Until the monitoring equipment necessary to demonstrate compliance with the requirements in §115.544(b)(2)(E) is installed, the owner or operator shall demonstrate compliance by using engineering calculations or other available monitoring or testing data.

The commission adopts non-substantive changes to subsection (c) necessary to comply with current rule formatting standards.

The commission adopts non-substantive changes to subsection (d) necessary to comply with current rule formatting standards. The commi ssion also adopts amending subsection (d) to indicate that requirements in existing §115.542(a)(6) a nd (b)(5), and §115.546( 1)(D) are adopted as §§115.542(b), 115.544(b)(4), and 115.546(a)(1)(E), respectively. The commission revised subsection (d) from proposal to include the accurate section refe rences. In response to comments, the commission is also allowing the owner or opera tor to delay compliance with the requirements in §115.544(b)(2)(E) until March 1, 2012, if comp liance with this provision requires the

installation of additional m onitoring equipment. The March 1, 2012, compliance date is approximately one year after the effective date of this rule revision. Until the monitoring equipment necessary to demonstrate compliance with the requirements in §115.544(b)(2)(E) is installed, the owner or operator shall demonstrate compliance by using engineering calculations

or other available monito ring or testing data.47 Appendix 2 – Excerpt from the February 11, 2011Texas Register (36 TexReg 809)

Title 30 of the Texas Administrative Code Subc hapter F (Miscellaneous Industrial Sources),

30 TAC §§115.540 - 115.547, 115.549

STATUTORY AUTHORITY The new and amended sections are adopted unde r Texas Water Code (TWC), §5.102, concerning General Powers, that provides the commission w ith the general powers to carry out its duties under the TWC; TWC, §5.103, concerning Rules, that authorizes the commi ssion to adopt rules necessary to carry out its pow ers and duties under the TWC; TWC, §5.105, concerning General Policy, that authorizes the commi ssion by rule to establish and a pprove all general policy of the commission; and under Texas Health and Safety Code (THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the po licy and purposes of the Texas

Clean Air Act. The new and amended sect ions are also adopted under THSC, §382.002, concerning Policy and Purpose, that establis hes the commission’s purpose to safeguard the state’s air resources, consistent with the protection of public hea lth, general welfare, and physical property; §382.011, concerning Genera l Powers and Duties, that authorizes the commission to control the quality of the st ate’s air; and §382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develo p a general, comprehensive plan for the proper

control of the state’s air. The new and am ended sections are also adopted under THSC, §382.016, concerning Monitoring Requirements; Examin ation of Records, th at authorizes the commission to prescribe reasona ble requirements for the meas uring and monitoring of air contaminant emissions; and THSC, §382.021, con cerning Sampling Methods and Procedures, that authorizes the commission to prescribe the sampling methods and procedures to determine compliance with its rules. The new and amended sections are also adopted under Federal Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et seq., which requires states to submit state implementation plan revisions that specify the manner in which the national ambient air quality standard will be achieve d and maintained within each ai r quality contro l region of the

state.

The new and amended sections implement THSC, §§382.002, 382.011, 382.012, 382.016, and 382.017, and FCAA, 42 USC, §§7401 et seq.

§115.540. Applicability and Definitions.

(a) Applicability. Except as specified in §115.547 of this title (relating to Exemptions), this division applies to degassing during, or in preparation of, cleaning any storage tank, transport vessel, or marine vessel containing volatile orga nic compounds with a true vapor pressure greater than or equal to 0.5 pounds pe r square inch absolute under actual storage conditions. In this division, the operator of any storage tank, transport vessel, or marine vessel refers to the regulated entity performi ng or outsourcing the degassing operation.

(1) In the Beaumont-Port Arthur area, as de fined in §115.10 of this title (relating to Definitions), this division app lies to any storage tank, transpor t vessel, or marine vessel.48 (2) In the Dallas-Fort Worth area, as define d in §115.10 of this title, this division applies to any storage tank or transport vessel in Collin, Dalla s, Denton, and Tarrant Counties. This division does not apply to any tank or vessel in Ellis, Johnson, Kaufman, Parker, or

Rockwall Counties.

(3) In the El Paso area, as defined in §115.10 of this title, this division applies to any storage tank or transport vessel.

(4) In the Houston-Galveston-Brazoria area, as defined in §115.10 of this title, this division applies to any storage tank, tr ansport vessel, or marine vessel.

(b) Definitions. Unless specifically defined in the Texas Clean Air Act (Texas Health and Safety Code, Chapter 382) or in §3.2, §101.1, or §115.10 of this title (relating to Definitions), the terms in this division have the meanings commonly used in the field of air pollution control. In addition, th e following meanings apply in this division unless the context clearly indicates otherwise.

(1) Cleaning--The process of washing or rins ing a storage tank, transport vessel, or marine vessel, or removing sludge or rinsing li quid from a storage tank, transport vessel, or

marine vessel.

(2) Degassing--The process of removing vol atile organic compounds vapor from a storage tank, transport vessel, or marine ve ssel during, or in prep aration of, cleaning.

(3) Drain-dry floating roof tank--A floating roof tank designe d to completely drain its entire contents to a sump in a manner that leav es no free-standing liquid in the tank or the sump.

(4) Recirculation system--A vapo r-tight system that is composed of piping, ductwork, connections, flow inducing devices, and a contro l device. The recirculation system conducts volatile organic compounds vapor from a storage tank, transport vess el, or marine vessel to a

control device and conducts the exhaust from the ou tlet of the contro l device back into the same tank or vessel. The recirculation system does not include the storage tank, transport vessel, or marine vessel that is being degassed.

(5) Storage capacity--The volume of a storage tank as determined by multiplying the

internal cross-sectional area of the tank by the average internal he ight of the tank shell or the volume of a transport vessel or marine vessel as determined by the manufacturer’s original design capacity.

(6) Storage tank--A stationary ve ssel, reservoir, or contai ner used to store volatile organic compounds. This definition does not include: components th at are not directly involved in the containment of liquids or vapors; subsurfa ce caverns or porous rock reservoirs; or process

tanks or vessels.

(7) Vapor-tight--A condition that exists when no component of a system has a leak greater than 500 parts per million expressed as methane measured using Method 21 (40 Code of Federal Regulations Pa rt 60, Appendix A-7).

§115.541. Emission Specifications.
(a) All volatile organic com pounds (VOC) vapors from a storage tank, transport vessel, or marine vessel subject to this division must be routed to a control device in accordance with the requirements in §115.542 of this titl e (relating to Contro l Requirements) during degassing operations unless the VOC concentration, measured in accordance with the procedure described in §115.544(b)(3) of this title (relating to Inspectio n, Monitoring, and Testing49 Requirements), is less than 34,000 parts per million by volume (ppmv) expressed as methane or 50% of the lower explosive limit.

(b) The intentional bypassin g of a control device used to comply with this division is prohibited. Any visible VOC leak originating from the control device, or other associated product recovery device, must be repaired as soon as practical.

(c) No avoidable liquid or gaseous leaks, as detected by sight or sound, may originate from the degassing operation.

(d) In addition to the requirements in subsecti ons (a) - (c) of this section, a transport vessel must be kept vapor-tight at all times until the VOC vapors are routed to a control device.

(e) In addition to the requirements in subsect ions (a) - (c) of th is section, a marine

vessel must:

(1) have all cargo tank closures properly s ecured or maintain a negative pressure within the vessel when a closure is opened; and

(2) have all pressure or vacuum relief valv es operating within certified limits, as specified by classification society or flag stat e, until the VOC vapors are routed to a control

device.

(f) In addition to the requirements in subsect ions (a) - (c) of th is section, all VOC vapors from a floating roof storage tank that is not a drai n-dry floating roof st orage tank must be

routed to a control device as s oon as practical but no later than:

(1) 24 hours after the tank has been emptied to the extent practical or the drain pump loses suction for a floating roof storage tank cont aining VOC liquids with a true vapor pressure greater than or equal to 1 .5 pounds per square inch absolu te (psia) under actual storage conditions;

(2) 72 hours after the tank has been emptied to the extent practical or the drain pump loses suction for a floating roof storage tank cont aining VOC liquids with a true vapor pressure less than 1.5 psia under actu al storage conditions; or

(3) the time limit specified in a permit issued under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New C onstruction or Modifica tion) up to a maximum of 72 hours after the tank has been emptied to the extent practical or the drain pump loses

suction.

§115.542. Control Requirements.

(a) A control device used to comply with §115.541 of this title (relating to Emission Specifications) must meet one of the following conditions at all times when volatile organic compounds (VOC) vapors are routed to the device.

(1) The control device must maintain a control efficiency of at least 90% and must be operated in a manner consistent with how the de vice was operated during the control efficiency demonstration required in §115.544(c) of this title (relating to Inspection, Monitoring, and Testing Requirements).

(2) The control device must be a flare that is designed and operated in accordance with 40 Code of Federal Regulations §60.18(b) - (f) (as amended through December 22, 2008 (73 FR 78209)) and is lit at all times when VOC vapors are routed to the flare.50 (3) The control device must be a recirculation system that does not cause the pressure inside the tank or vessel to increase by more th an one inch water pressure above atmospheric pressure at any time during the degassing operation.

(4) The VOC concentration at th e outlet of the c ontrol device must be less than 500 parts per million by volume (ppmv) at 0% oxyge n, dry basis, expressed as methane.

(b) All VOC vapors must be routed to a cont rol device until the VOC concentration is less than 34,000 ppm(v) expressed as methane or less than 50% of the lo wer explosive limit.

After one of the conditions has b een satisfied, the tank or vessel ma y be vented to the atmosphere

without control for the remainder of the degassing operation, except as specified in §115.544(b)(4) of this title.

(c) Degassing equipment must be designed a nd operated to prevent avoidable liquid or gaseous VOC leaks.

(d) When degassing is effected through the ha tches or manways of a storage tank, all lines must be equipped with fittings that make vapor-tight connections.

(e) When degassing is effected through the hatches of a trans port vessel with a loading arm equipped with a vapor collection ad apter, 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 equipment

when it is removed from the hatch or to accomplish drainage before such removal.

(f) When degassing is effected through the ha tches of a marine vessel with a loading arm equipped with a vapor collection adapter, th en pneumatic, hydraulic, or other mechanical means must be provided to force a vapor-tight seal between the adapte r and the hatch, or a negative pressure inside the ca rgo tank must be maintained.

A means must be provided to minimize liquid drai nage from the degassing equipment when it is removed from the hatch or to accomplis h drainage before such removal.

§115.544. Inspection, Monitoring, and Testing Requirements. (a) Inspection requirements. The following inspection requirements apply during the degassing of any storage tank, tran sport vessel, or marine vessel subject to this division.

(1) Inspection for visible liquid leaks, visible fumes, or significant odors resulting from volatile organic compounds (VOC) transfer operations must be conducted during each degassing operation.

(2) Degassing 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.

(b) Monitoring requirements. The following monitoring requirements apply during the degassing of any storage ta nk, transport vessel, or marine vessel subject to this division. Monitoring at least once every 15 minutes is su fficient to demonstrate compliance with the continuous monitoring requireme nts in this subsection.

(1) Any monitoring device used to comply w ith this subsection must be installed, calibrated, maintained, and operated accordi ng to the manufacturer’s instructions.

(2) The owner or operator shall monitor any operational parameters necessary to demonstrate the proper functioning of a control devi ce used to comply with this division at all times when VOC vapors are routed to the device.51 (A) For a carbon adsorption system, the owner or operator shall continuously monitor the exhaust gas VOC concentrati on of any carbon adsorption syst em that regenerates the carbon bed directly to determine break through. Alterna tively, the owner or opera tor shall periodically monitor the exhaust gas VOC determine breakthr ough and switch the exhaus t gas flow to fresh carbon for any carbon adsorption system that does not regenerate the carbon bed directly, as specified by 40 Code of Federal Regulations (CFR) §61.354(d) (as amended through October 17, 2000 (65 FR 62160)), except that any monitoring must be conducted at intervals no greater than 20% of the design carbon replacement interval. For the purpose of this division, breakthrough is defined as a measured VOC concentration exceeding 100 parts per million by volume (ppmv) above background expressed as methane.

(B) For a catalytic incinerator, the owner or operator sha ll continuously monitor the inlet and outlet gas temperature.

(C) For a condensation system, the owner or operator shall conti nuously monitor the outlet gas temperature to ensure the temperat ure is below the manufacturer’s recommended operating temperature for controlling th e VOC vapors routed to the device.

(D) For a direct-flame incinerator, the owne r or operator shall continuously monitor the exhaust gas temperature immedi ately downstream of the device.

(E) For a flare, the owner or operator sha ll use one of the following methods to demonstrate compliance with the requirem ents in 40 CFR §60.18 (as amended through December 22, 2008 (73 FR 78209)).

(i) The owner or operator sha ll continuously monitor th e net heating value of the gas stream routed to the flare.

(ii) The owner or operator shall continuo usly monitor the total volume of supplemental fuel added to the gas stream rout ed to the flare and continuously maintain sufficient supplemental fuel to meet the mini mum net heating value requirements in 40 CFR §60.18 assuming that the net heating value cont ribution from the degassed VOC vapor is equivalent to a level corresponding to 50% of the lower explosive limit (LEL). The owner or operator may estimate the volumetric flow rate from the tank or vessel for the purpose of this calculation if the flow rate of the degasse d VOC vapor is not directly monitored.

(iii) The owner or operator sha ll use calculations to de monstrate that for the

material stored in the tank or vessel the net hea ting value of the gas stream routed to the flare cannot drop below the minimum net heating value requirements in 40 CFR §60.18 until the concentration of VOC in the vapors being routed to the flare is le ss than the concentration limits in §115.542(b) of this title (relati ng to Control Requirements).

(iv) If the flare is a non-assisted flare th at qualifies for the provisions in 40 CFR §60.18(c)(3)(i), the owner or operator may elect to con tinuously monitor the hydrogen content of the gas stream r outed to the flare and conti nuously meet the minimum 8.0% by volume hydrogen content requirement in lieu of th e requirements in clauses (i) - (iii) of this subparagraph.

(F) For any control device used to comply w ith the optional exhaust gas concentration limit in §115.542(a)(4) of th is title, the owner or operator sh all monitor the exhaust gas VOC concentration within one hour after beginning the degassing operation. The VOC concentration

measurement must be a one-hour test r un using one of the following methods:52 (i) the integrated bag sampling proce dure in Method 18 (40 CFR Part 60, Appendix A), §§8.2.1.1 - 8.2.1.4, and a total hydrocarbon analyzer that meets instrument and calibration specifications in Method 21; or

(ii) Method 25A (40 CFR Part 60, Appendix A) to monitor the exhaust gas

VOC concentration.

(G) For a thermal oxidizer or vapor comb ustor, the owner or operator shall continuously monitor the combustion chamber te mperature. If necessary to demonstrate compliance with subsection (c)(3) of this secti on, the owner or operator shall also continuously monitor the gas flow rate into the thermal oxidizer or vapor combustor to determine the

combustion chamber residence time.

(H) For a recirculation system, th e owner or operator shall:

(i) continuously monitor the pr essure inside the tank or vessel or continuously monitor the gas flow rate at the inlet and outlet of the c ontrol device; and

(ii) monitor all components of the recircul ation system, including all valves and connectors, for VOC leaks using the proc edure in Method 21 (40 CFR Part 60, Appendix A7) and begin this monitoring within one hour af ter beginning any degassing operation. A leak is defined as a screening concentr ation greater than 500 ppm(v) above background as methane for all components.

(I) For an internal combustion engine, th e owner or operator shall continuously monitor the engine exhaust gas oxygen c ontent throughout the degassing operation.

(J) For a control device not listed in this paragraph, the owner or operator shall continuously monitor one or more operational parameters sufficient to demonstrate proper functioning of the control device to design specifications.

(3) The owner or operator shall monitor th e VOC concentration to demonstrate compliance with the VOC concentration or perc ent LEL thresholds in §115.542(b) of this title and determine if the storage tank, transport vess el, or marine vessel ca n be vented to the atmosphere without control for the remainder of the degassing operation, except as specified in paragraph (4) of this subsection. The VOC concentration must be monitored:

(A) once per minute for at least five minutes and all measurements must be less than

the VOC concentration limits in §115.542(b) of this title; or

(B) over a five-minute period using the inte grated bag sampling procedure in Method 18 (40 CFR Part 60, Appendix A) §§8.2.1.1 - 8.2.1.4 a nd the integrated measurement must be

less than the VOC concentration lim its in §115.542(b) of this title.

(4) After demonstrating compliance with the applicable VOC concentration or percent LEL thresholds in §115.542(b) of this title in accordance with paragraph (3) of this subsection, the owner or operator of any storage tank, transport vessel, or marine vessel shall comply with one of the following conditions.

(A) The VOC concentration inside the tank or vessel must be monitored once every 12 hours while venting to the atmosphere without control until five consecutive measurements

collected at 12 hour intervals are measured to be less than 34,000 ppm(v) expressed as methane

or less than 50% of the LEL. The VOC concentr ation measurement required by paragraph (3) of this subsection may be considered the firs t of these five consecutive measurements.53 (i) If venting to the atmosphe re without control has been suspended for more than four hours, the VOC concentration inside the tank or vessel must be measured upon restart of the degassing operation.

(ii) If any of the VOC concentration measurements equal or exceed 34,000 ppm(v) expressed as methane or 50% of the LEL, th e tank or vessel must be routed to the control device until the VOC concentration is below 34,000 ppm(v) expressed as methane or less than 50% of the LEL as determined by s ubsection (b)(3) of this section.

(iii) If the measured VOC concentration is less than 6,800 ppm(v) expressed as

methane or 10% of the LEL then no further VOC concentration measurements are required.

(B) The storage tank, transport vessel, or ma rine vessel can be vented to the atmosphere without control for the remainder of the degassing operation and no further VOC measurements are required if th e VOC concentration inside the tank or vessel is less than 6,800 ppm(v) expressed as methane or 10% of the LEL before the owner or operator stops routing the VOC vapors to a control device in accordance wi th §115.541 of this title (relating to Emission Specifications) and §11 5.542 of this title.

(5) Minor modifications to the monitoring met hods specified in this section may be approved by the executive di rector. Monitoring methods other than those specified in this section may be used if approved by the executive dire ctor and validated by 40 CFR Part 63, Appendix A, Method 301.

(6) The sampling location for monitoring the VOC concentration as required by subsection (b)(3) of this section should be im mediately before the control device or in the transfer line connecting from the tank or vessel to the control device. The owner or operator may

elect to monitor the VOC concentr ation at a location inside the va por space of the tank or vessel provided the location is represen tative of the VOC concentrati on entering the control device.

(c) Testing requirements. The following testi ng requirements apply to the owner or operator of any storage tank, transport vessel, or ma rine vessel subject to th e requirements in this

division if a control device is us ed to comply with the emission specifications in §115.541 of this

title.

(1) For a control device used to comply with the requiremen ts in §115.542(a)(1) of this title, an initial control efficiency dem onstration must be conducte d in accordance with the approved test methods in §115.545 of this title (relating to Approved Test Methods) and the device must be retested after any modification that could reasonably be expected to decrease the efficiency of a control device w ithin 60 days after the modifica tion or before being used to comply with the requirements in §115.542(a)(1 ) of this title, whichever is longer.

(2) For a portable control device used to comply with the requirements in §115.542(a)(1) of this title, a peri odic control efficiency demonstr ation must be conducted at least once every 60 months in accordance with the approved test methods in §115.545 of this

title.

(3) For a portable thermal oxidizer or vapor combustor used to comply with the requirements in §115.542(a)(1) of th is title, the periodic contro l efficiency demonstration in paragraph (2) of this subsection will not be required if the combustion chamber temperature is at least 1,400 degrees Fahrenheit and th e flow rate of the VOC vapors routed to the device is54 limited to assure at least a 0.5 second combusti on chamber residence time at all times when the

device is in use.

§115.545. Approved Test Methods.
Compliance with the requirements in this divisi on must be determined by applying one or more of the following test methods or procedures, as appropriate.

(1) Methods 1 - 4 (40 Code of Federal Regul ations (CFR) Part 60, Appendix A) must be used for determining flow rates.

(2) Methods 3, 3A, or 3B (40 CFR Part 60, A ppendix A) must be used to determine exhaust gas oxygen (O 2 ) concentration for making any O 2 corrections necessary for §115.542(a)(4) of this title (relati ng to Control Requirements).

(3) Method 18 (40 CFR Part 60, Appendix A) must be used for determining gaseous organic compound emissions by gas chromatography.

(A) If Method 18 is used to demonstrate compliance with the volatile organic compounds (VOC) concentration monitoring requ irements in §115.542(b) of this title and §115.544(b)(4) of this title (relati ng to Inspection, Monitoring, a nd Testing Requirements), only one bag sample needs to be collected for each concentration measurement.

(B) If Method 18 is used to demonstrate compliance with the VOC concentration monitoring requirements in §115.544(b)(2)(F) of this title for an internal combustion engine or any control device used to comply with the option in §115.542(a)(4) of this title to limit exhaust concentration, the VOC concentrat ion must be determined by usi ng the integrated bag sampling procedure in Method 18, §§8.2.1.1 - 8.2.1.4.

(4) Method 19 (40 CFR Part 60, Appendix A) may be used for determining exhaust gas flow rates on combustion control devi ces in lieu of using Methods 1 - 4.

(5) Method 21 (40 CFR Part 60, Appendix A-7) must be used for determining VOC leaks. An instrument meeting the specifications and calibration requirements in Method 21 may be used for demonstrating compliance with the VOC concentration monitoring requirements in §115.542(b) and §115.544(b)(3) and (4) of this title with the provision th at the instrument response factor criteria in §8.1 of Method 21 may be determined using the average composition of the liquid in the tank rather than for each individual liquid.

(6) Method 25 (40 CFR Part 60, Appendix A) must be used for determining total gaseous non-methane organic emissions as carbon.

(7) Methods 25A or 25B (40 CFR Part 60, Appendix A) must be used for determining total gaseous orga nic concentrations using flam e ionization or non-dispersive infrared analysis.

(8) Method 27 (40 CFR Part 60, Appendix A) must be used for determining tanktruck leaks.

(9) A portable O 2 analyzer that is calibrated, main tained, and operated according to the manufacturer’s instructions may be used to determine exhaust gas O 2 concentration for making any O 2 corrections necessary for §115.542( a)(4) of this title in lieu of using Methods 3, 3A, or 3B.

(10) Additional test procedures describe d in 40 CFR §60.503(b) - (d) (effective February 14, 1989) must be used for determin ing compliance for bulk gasoline terminals.55 (11) True vapor pressure must be determin ed using standard reference texts or American Society for Testing and Mate rials Test Method D323, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure , adjusted for actual storage temperature in

accordance with American Petroleum Institute Publication 2517, Third Edition, 1989. For the purposes of temperature correction, the owner or operator shall use the actual storage temperature. Actual storage temperature of an unheated tank or vessel may be determined using the maximum local monthly average ambient temperature as reported by the National Weather Service. Actual storage temperature of a heated tank or vessel must be determined using either the measured temperature or the temperat ure set point of th e tank or vessel.

(12) The test procedures in 40 CFR §63.565( c) or §61.304(f) must be used for determination of marine vessel vapor tightness.

(13) Lower explosive limit (LEL) detectors may be used for the percent LEL concentration measurement requ ired by §115.542(b) and §115.544(b)(3) and (4) of this title, if

the detector is calibrated and maintained according to manufacturer’s specifications.

(14) Minor modifications to the test methods in this section may be used if approved by the executive director.

(15) Test methods other than those specified in this section may be used if validated by 40 CFR Part 63, Appendix A, Test Method 301 and approved by the executive director.

§115.546. Recordkeeping and Notification Requirements.

(a) Recordkeeping requirements. The owner or operator of any volatile organic compounds (VOC) storage tank, transport vessel, or marine ve ssel subject to the requirements in this division shall maintain the following records on site for at least two years. Any reco rds created on or after March 1, 2009, must be maintained on site for at least five years. The owner or operator shall make these records available upon request to author ized representatives of the executive director, the United States Environmental Protection Agen cy, or any local air pollution control agency with jurisdiction.

(1) For storage tank, transport vessel, or mari ne vessel degassing opera tions subject to the requirements in this division, the owner or operator shall main tain records of:

(A) the type and number of st orage tanks, transport vessels, and marine vessels that are degassed;

(B) the chemical name and estimated liqui d quantity of VOC contained in each storage tank, transport vessel, or ma rine vessel prior to degassing;

(C) the chemical name and estimated liqui d quantity of VOC removed from each storage tank, transport vesse l, or marine vessel;

(D) the VOC concentration or percent of lowe r explosive limit measurements required in §115.544(b)(3) of this title (rel ating to Inspection, Monitoring, and Testing Requirements) to determine when the storage tank, transport vess el, or marine vessel ca n be vented to the atmosphere without control; and

(E) the VOC concentration or percent of lowe r explosive limit measurements required by §115.544(b)(4) of this title.56 (2) For a control device used to comply with the requirements in this division, the owner or operator shall maintain records of any operational parameter monitoring required in §115.544(b)(2) of this title. These records must include, but are not limited to, the following.

(A) For a carbon adsorption system, the owner or operator shall maintain records of the VOC concentration measurements requir ed by §115.544(b)(2)(A) of this title.

(B) For a catalytic incinerator, the owner or operator sha ll maintain records of the continuous temperature monitoring require d in §115.544(b)(2)(B) of this title.

(C) For a condensation system, the owner or operator shall mainta in records of the continuous temperature monitoring require d in §115.544(b)(2)(C) of this title.

(D) For a direct-flame incinerator, the owner or operator shall maintain records of the continuous temperature monitoring require d in §115.544(b)(2)(D) of this title.

(E) For a flare, the owner or operator sha ll maintain records of the continuous monitoring or calculations required in §115.544(b)(2)(E) of this title.

(F) For any control device used to comply with the optional exhaust concentration limit in §115.542(a)(4) (rela ting to Control Requirements) of th is title, the owner or operator

shall maintain records of the VOC concentration measurement required in §115.544(b)(2)(F) of this title and records of the monitoring method used.

(G) For a thermal oxidizer or vapor combustor, the owner or operator shall maintain records of the continuous temperature monitori ng required in §115.544(b)(2)(G ) of this title. If necessary to demonstrate complia nce with §115.544(c)(3) of this ti tle, the owner or operator

shall maintain records of the continuous monitori ng of the gas flow rate into the thermal oxidizer or vapor combustor to determine the combustion chamber residence time.

(H) For a recirculation system, the owner or operator shall maintain records of the continuous pressure or flow rate monitoring re quired in §115.544(b)(2)(H )(i) of this title and

records of the VOC leak monito ring required in §115.544(b)(2)(H)(ii) of this title, including the VOC measurements and the time the monitoring began.

(I) For an internal combustion engine, the ow ner or operator shall maintain records of the continuous engine exhaust gas oxygen c ontent monitoring required in §115.544(b)(2)(I) of

this title.

(J) For a control device not listed in this paragraph, the owner or operator shall maintain records of the continuous operat ional parameter monitoring required in §115.544(b)(2)(J) of this title suffici ent to demonstrate proper func tioning of the control device to design specifications.

(3) The owner or operator shall maintain record s of the results of any leak inspection and repair conducted in accord ance with the requirements in §115.544(a) of this title.

(4) The owner or operator shall maintain records of any control efficiency demonstration required in §115.544(c) of this title and the results of any testing conducted in accordance with the provisions specified in §115 .545 of this title (rela ting to Approved Test Methods). The records must contain all app licable requirements from the commission’s Sampling Procedures Manual, Chapter 14.0, Contents of Sampling Reports (January 2003, revision one).57 (5) The owner or operator shall maintain reco rds of the manufacturer’s instructions for installation, calibra tion, maintenance, and operation fo r any monitoring device used to comply with the requirements in this division.

(b) Notification requirements. In the Hous ton-Galveston-Brazoria area, upon request by authorized representatives of the executive dire ctor, the owner or operator of any storage tank, transport vessel, or marine vesse l subject to this division shal l notify the appropriate regional office of upcoming degassing operations.

§115.549. Compliance Schedules. (a) All affected owners or operators in Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller Counties were required to be in compliance with this division by Novemb er 15, 1996, and shall continue to comply with

this division.

(b) All affected owners or operators in Collin, Dallas, Denton, and Tarrant Counties shall be in compliance with th is division as soon as practi cable, but no later than May 21, 2011. If the installation of additional monitoring eq uipment is necessary to comply with the requirements in §115.544(b)(2)(E) of this title (relating to In spection, Monitoring, and Testing Requirements), the owner or opera tor shall comply with the requirements no later than March 1, 2012. Until the monitoring equipment necessary to demonstrate compliance with the requirements in §115.544(b)(2)(E) of this title is installed, the owne r or operator shall demonstrate compliance by using engineering calc ulations or other av ailable monitoring or testing data.

(c) All affected owners or operators in El Paso County shall be in compliance with this division as soon as practicable, but no la ter than one year, afte r the commission publishes

notification in the Texas Register of its determination that this c ontingency rule is necessary as a

result of failure to attain the National Ambient Air Quality Standard for ozone by the attainment

deadline or failure to demons trate reasonable further progre ss as set forth in the 1990 Amendments to the Federal Clean Air Act, §172(c)(9).

(d) All affected owners or operators in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Countie s shall comply with the requirements in §§115.542(b), 115.544(b)(4), and 115.546(a)(1)(E) of this title (relating to Control Requirements; Inspection, Monitoring, and Te sting Requirements; and Recordkeeping and Notification Requirements) as s oon as practicable but no later January 1, 2009. If the installation of additional monitoring equipment is necessa ry to comply with the requirements in §115.544(b)(2)(E) of this title, the ow ner or operator shall comply with the requirements no later than March 1, 2012. Until the monitoring equipment necessary to demonstrate compliance with the requirements in §115.544(b)(2)(E ) of this title is installe d, the owner or operator shall demonstrate compliance by using engineering calc ulations or other av ailable monitoring or testing data.

This agency hereby certifies th at the adoption has been review ed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secr etary of State on January 28, 2011.

TRD-201100384

Robert Martinez58 Director, Environmen tal Law Division
Texas Commission on Environmental Quality
Effective date: February 17, 2011
Proposal publication date: A ugust 13, 2010 For further inform ation, please call: (512) 239-0779

♦ ♦ ♦

30 TAC §§115.541, 115.542, 115.545

STATUTORY AUTHORITY The repealed sections are adopted under Texa s Water Code (TWC), §5.102, concerning General Powers, that provides the commission with the ge neral powers to carry ou t its duties under the TWC; TWC, §5.103, concerning Rules, that author izes the commission to adopt rules necessary to carry out its powers and du ties under the TWC; TWC, §5.105, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas Health and Safety Code (THS C), §382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The repeals are also adopted under THSC , §382.002, concerning Policy and Purpose, that establishes the commission’s purpose to safeguard the state’s air resources , consistent with the protection of public health, general welfar e, and physical property; §382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state’s air; and §382.012, concerning State Air Control Plan, that aut horizes the commission to prepare and develop a general, comprehensive plan for th e proper control of the state’s air. The repeals are also adopted under THSC, §382.016, concerning Monitoring Requirements; Examination of Records, that authorizes the commission to pres cribe reasonable requirements for the measuring and monitoring of air contaminant emi ssions; and THSC, §382.021, concerning Sampling Methods and Procedures, that authorizes the commission to pr escribe sampling methods. The repeals are also adopted under Federal Clean Ai r Act (FCAA), 42 United States Code (USC), §§7401, et seq., which requires states to submit SIP revi sions that specify the manner in which the national ambient air quality standard will be achieved and maintained within each air quality control region of the state. The adopted repeals implement THSC, §§382.002, 382.011, 382.012, 382.016, 382.017, and 382.021, and FCAA, 42 USC, §§7401 et seq. This agency hereby certifies th at the adoption has been review ed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secr etary of State on January 28, 2011.

TRD-201100385

Robert Martinez

Director, Environmen tal Law Division
Texas Commission on Environmental Quality
Effective date: February 17, 2011
Proposal publication date: A ugust 13, 2010 For further inform ation, please call: (512) 239-0779