i.tì., r.,r:'r,

Katlrleen Hartnett \Nhite, Clta innatt

Larr-y R. Soivard, Commissirtner

Glenn Shankle, Executiue Direclor

Tpxas CorørurrssroN oN ENVIRoNMENTAL QUALITy ?.

Protecting Texas bg Reducittg and Preuenting Pollution'

Docket Nos. 2006-1874-SIP, 2006-17 96-R[IL,r2006-1804-RUL r

June 13,2007

Richard E- Greene, Regional Adnrinistrator

U.S. Environmental Protection Agency - Region 6

1445 Ross Avenue

Dallas. Texas 7 5202-2733

3

Dear Mayor Greene: f

On May 23,2007, the Texas Commission on Environmental Quality (Commission) adopted revisions tõne

Implementation Plan (SlP) for the Houston-Galveston-Brazoriã lHGe) eiglrt-hour ozone nonattainlnenl al'ea.

These revisions include three components- The first component is a revision to the SIP for the HGB eight-hour ozone

nonattainment a¡ea that includes additional Voluntary Mobile Emission Reduction Program (VMEP) commitments. In

addition, the Commission adopted amendments to S 114.6 and $ 114.319 in 30 Tex. Admin. Code Chapter I14, Control of

Ai¡ Pollution frorn Motor Vehicles. These rules amend the definition of diesel fuel to include marine distillate fuels,

requiring thern to be compliant with low emission diesel (LED) standards i¡ the HGB nonattainment area, and amend the

compliance schedule for the infoduction of LED-compliant marine diesel fuels into the HGB area counties.

Lurtty, rhe commission adopred new $ 1l5.ll0 and amendmenrs ro s$ 115.1l2 - ll5.l17, I l5.l19, 115.541 - 1i5.547, andl

115.549 of 30 Tex- Admin. Code Chapter ll'5, Conh'ol of Ai¡Pollution from Volatile Organic Compounds. Specifically, I

the new section and amendúrents reduce emissions of volatile organic conipounds (VOC) û'om VOC storage and degassing I

operations by estabiishing lrore stringent controls for fittings on floating loof storage vessels, establishing control I

requiretnents or operational lirnitations on landing floating roofs, establislring control requirenrents for flash elnissions fi-om I

crude oil and condensate storage tanks, and establishing nore stringent control requirentents for degassing and cleaning ofJ

storage, transpoll, and marine vessels.

Enclosed are tlrese proposed revisions to the SIP, a cornplete record ofthe public hearings. the accompanying orders, and a

public lrearing certification. I look forward to your expeditious approval of these SIP rei,isiots.

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Enclosures 

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cc: The Honorable Rick Perr1,. Govenlor of Texas

Mr. Zal< CovaL- Offìce of Budget, Planning arrd Policy, Offìce of the Covenlor

Mr. Glen¡ Shankle, Executive Dù-ector. Texas Con'lllission on Envir-onrnenta) Quaìit1,

Sincerely,

P.(_).p-oi.':-3()87 6 A_ustirr. Te,.l¿rs 7åì7ìl-3û87 + 5l!,,!,?9-itl(tfl € ilrr.cr.na', ¿rcici.rr,s:: i¡'.r.r,rt.ictr¡.sLate.t:,..us
THE STATE OF TEXAS 

COUNTY OF TRAVIS 

This is to certify that the attached are true and correct copies of documents for revisions to the Texas 

State Implementation Plan, adopted on May 23, 2007, pursuant to 40 Code of Federal Regulations (C.F.R.) 5 

51.104. I am the records administrator for the Office of Chief Engineer of the Texas Commission on 

Environmental Quality (Commission). 

R 

Susana M. Hildebrand, P.E. 

Director, Air Quality Division 

Texas Commission on Environmental Quality 
Texas Commission on Environmental Quality 

Public Hearings 

January 29 and 31, and February 1,6, and 8,2007 

Concerning Revisions to 30 TAC Chapter 11 5 

Control of Air Pollution from Volatile Organic Compounds 

Control of VOC Emissions from Storage 8, Degassing 

Operations in HGB for the Eight-Hour Ozone Standard 

Rule Project No. 2006-038-1 15-EN 
The Texas Commission on Environmental Quality (commission) held public hearings in Houston on 

January 29, 2007; Dallas on January 31, 2007; Arlington and Midlothian on February 1, 2007; 

Longview on February 6, 2007; and Austin on February 8, 2007, to receive testimony regarding 

revisions to 30 TAC Chapter 1 14, Control of Air Pollution from Motor Vehicles; Chapter 1 15, Control 

of Air Pollution from Volatile Organic Compounds; Chapter 117, Control of Air Pollution from 

Nitrogen Compounds; and corresponding revisions to the state implementation plan. 

The comment period closed on February 12, 2007. All testimony and comments have been 

reviewed and seriously considered. This hearing record contains a complete record of the public 

hearings and is divided into the followirrg four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

0 Evaluation of Testimony 

o Staff Recommendations/Order 

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35 

Circle, Austin, Texas 78753. For further information, please contact Teresa Hurley at (51 2) 239- 

531 6. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION 

Notification to the public of the proposed revisions was conducted by the following procedures: 

1. Publication of notice of public hearings in the following newspapers on the date listed: 

Austin American-Statesman: December 18, 2006 

Beaumont Enterprise: December 18, 2006 

Fort Worth Star-Telegram: December 18,2006 

Houston Chronicle: December 18, 2006 

Longview News-Journal: December 18,2006 

2. Publication of the proposed rules in the December 29, 2006, issue of the Texas Register 

(31 TexReg 10525). 

3. Publication of the Notice of Public Hearings in the December 29, 2006, issue of the Texas 

Register (31 TexReg 10956). 

4. Correspondence forwarding the notice of public hearings to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Arlington 

City of Austin 

City of Dallas 

City of Houston 

City of Longview 

City of Midlothian 

City of Victoria Planning Department 

Dallas County Judge 

Dallas Department of Environmental 

and Health Services 

Dallas Department of Aviation 

East Texas Council of Governments 
Ellis County Judge 

El Paso City-County Health and 

Environmental District 

El Paso Metropolitan Planning 

Organization 

Federal Highway Administration 

Fort Worth Environmental 

Management Department 

Galveston County Health District 

Gregg County Judge 

Harris County Judge 

Harris County Pollution Control 

Department. 

Houston Department of Health and 

Human Services 

North Central Texas Council of 

Governments 

Houston-Galveston Area Council 

South East Texas Regional Planning 

Commission 

Tarrant County Judge 

Travis County Judge 

Texas Department of Transportation 

Texas Transportation Institute 

Arkansas Department of Pollution 

Control and Ecology 

Louisiana Department of 

Environmental Quality 

New Mexico Environmental 

Department 

Oklahoma Department of 

Environmental Quality 

U. S. Environmental Protection Agency 
Example of Newspaper Classified Ad 

Houston Chronicle, December 18, 2006 

NOTICE OF PUBUC HEARINGS BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ON PIZEE&DTgE&IF~T"~TE fi~~~~~~~A~pOS~~L~ft AND 

I I>-EN1 

The commission is prowsins to pwal Chapter 117. in its entirefv. md prowsing 2 

new reformatted Chapter 117 Thls proposed reveal and refomattms of Cha ter 1 li 

is necessary to accommodat;' new proposed rules for the alla as- or! WO~ ew hourozarf? attainment dqmpsbtior! a@ to provideforMure potential rulenskmg, as well as ~rnpmveorganuahm of ex~stlne rqlupn~nk The pmqosed rulernakii 

forthe Dallas-Fort Worfh e~gM-hourm a amnent-on would suW owners or operaton of stat~onary swrces of nitrogen oxide (NOx) In the Dallas. 

Fort Worth e~ght-hour ozone nonattalnment arm, as well as In spectfied cwntles in 

the norfheast Texas area, to more strksent ernlssion mtml m~nitMing, testing, ~.ordkeeping, and rewrtim requirements. (Ruk Proiect Nmber 2006-034-117- 

EN) 

The proposed Dallas-Forl Worth attainment demonstration SIP rsvislon 

demonstrates attainment of the eight-hour ozone standard usins photm~cal rnodelii and weisht-of-evidence and includes several concurrently Chapter 117 pies, as we1l.a~ local-level cmml cmltwmltwmbythe NOR%% 

Texas Counal of Governments The attamment dernonstratm also Includes 1999 

base case and '2009 Mure case modeling and is supported b additional technical 

workthathowsdecreasiw ~0xand ~~~.trer~ISasa resukd;ne~lstrategies implemented under the me-hour ozone standard This prod revision also 

includes a motor vehlde emisslo~~s b et, VOC and NOx reesonably available 

control technology analyses reason%y.svallable control measures analysis, gp,1'rt&yy measures, and ehions inventories. (Rule Woied Nwnber2006-013- -a, ,.." The proposed Dallas-Fort Worth Eight-Hour Ozone Nonattainrnent Area 

Reasoyble Fumr Progress [RFP) SIP revision d~~+ha'Ies that the RFP 15% 

reduchm requ~rernent wll be met for the .analvws per~od of 2002 to 2008. This 

revision also ~ndudes a motor veh!de ern~sslons budset (MVEB) tor t!'te.mikstone 

, & vpar MOB -- - - that . . . - was deveiowd usm MOBILE4 lhe latest EPA enusslon factor 

el (Rule Pr&itNurnber 2006-631 -SIP-NR) 

. .- - . . 

Persons ~1ann.m 10 attend the hearinos, who have special communication or oihw 

accommodation needs, should contact Jennifer StifRernlre, Aly Quality Divisian (512) 239-0573. Re~wSsnould be maoe as far In advance as ms~ble 

( Issued in Aum Texas, on December 13,2006 I 
or plug; 30 TAC $116.110(a) and $116.1 lha), Air Permit No. 46307, 

30 TAC $116.115(c), Air Permit No. 

No. I, and THSC, $382.085@), by faili 

emissions during an emissions event that 

30 TAC S, 101.201 (a)(2)(D) and (H) and 

event that occurred on July 23, 2005; 

ivision Fourier 

Transform lnfra Red Project; STA 

Litigation Division, MC R-12, (7 13) ONAL OFFICE: 

Houston Regional Office, 5425 Polk , Houston, Texas 

77023-1486, (71 3) 422-8916. 

TRD-200606815 

Mary Risner 

Director, Litigation Division 

' Texas Commission on Environmental Qualit 

Filed: December 19, 2006 t 

Notice of Opportunity to Comment on Shut DownIDefault 

Orders of Administrative Enforcement ctions C 

cember 22, 1998, cathodic protection legu tions of the commission, 

until such time as the ownerloperator bring f the UST system into cornt indicate that consent 

, inadequate, or inconrules within the comrs and permits issued 

authority. Additional 

notice of changes to a proposed 0 is not required to be published 

if those changes are made in to written comments. 

cle, Building A, 3rd Floor, 

commission in writing. 

at a frequency of at least 

between each monitoring) would detect a release: 

30 TAC $334.48(c), by f ffective manual or autime and in the 

TRD-200606817 

Mary Risner 

Director, Litigation Division 

Texas Commission on Environme tal Quality 

Filed: December 19, 2006 I 

Notice of Public Hearings on Proposed Revisions to 30 TAC 

Chapters 114, 115, and 117, and to the State Implementation 

Plan 

The Texas Commission on Environmental Quality (commission) will 

conduct hearings to receive testimony regarding proposed revisions to 

30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, 

Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and Chapter 1 17. Control of Air Pollution from Nitrogen Compounds and corresponding revisions to the state implementation plan 

(SIP). The United States Environmental Protection Agency's (EPA's) 

Final Rule to Implement the Eight-Hour Ozone National Ambient Air 

Quality Standard was published on November 29,2005. Under Federal 

Clean Air Act (FCAA), 42 United States Code, §§7410, et seq., Texas 

is required to submit SIP revisions by June 15, 2007, for demonstrating attainment with the eight-hour ozone national ambient air quality 

standard. In addition, the revisions proposed to Chapter 11 7 implement 

the legislative mandate under House Bill (HB) %5, 79th Legislature, 

31 TexReg 10956 December 29,2006 Texas Register 
2005, which adds Texas Health and Safety Code 6382.0275, concerning Commission Action Relating to Residential Water Heaters, which 

requires certain actions of the commission regarding residential water 

heaters. 

The commission proposes to amend Chapter 1 14 to include marine distillate fuels commonly known as Marine Distillate fuel X (DMX), Marine Distillate fuel A (DMA), and Marine Gas Oil (MGO), into the 

definition of diesel fuels, requiring them to be Texas Low Emission 

Diesel (TxLED) compliant in the Houston-Galveston-Brazoria (HGB) 

nonattainment area. The proposed rulemaking also adds a compliance 

schedule for the introduction of the TxLED-compliant marine distillate fuels in the HGB nonattainment area. (Rule Project Number 

2006-036-114-EN) 

The proposed amendments to Chapter 115 would require owners or 

operators in the HGB eight-hour ozone nonattainment area to reduce 

emissions of volatile organic compounds (VOC) from VOC storage 

and degassing operations by establishing more stringent controls for 

fittings on floating roof storage vessels, establishing control requirements or operational limitations on landing floating roofs, establishing 

control requirements for flash emissions from crude oil and condensate 

storage tanks, and establishing more stringent control requirements for 

degassing and cleaning of storage, transport, and marine vessels. (Rule 

Project Number 2006-038-115-EN) 

The commission is proposing to repeal Chapter 117 in its entirety and 

proposing a new reformatted Chapter 117. This proposed repeal and reformatting of Chapter I1 7 is necessary to accommodate new proposed 

rules for the Dallas-Fort Worth eight-hour ozone attainment demonstration and to provide for future potential rulemaking, as well as improve organization of existing requirements. The proposed rulemaking 

for the Dallas-Fort Worth eight-hour ozone attainment demonstration 

would subject owners or operators of stationary sources of nitrogen 

oxides (NO,) in the Dallas-Fort Worth eight-hour ozone nonattainment 

area, as well as in specified counties in the northeast Texas area, to more 

stringent emission control, monitoring, testing, recordkeeping, and reporting requirements. (Rule Project Number 2006034-117-EN) 

The proposed Dallas-Fort Worth attainment demonstration SIP revision demonstrates attainment of the eight-hour ozone standard using 

photochemical modeling and weight-of-evidence and includes several 

concurrently proposed Chapter 117 rules, as well as local-level control commitments by the North Central Texas Council of Governments. 

The attainment demonstration also includes 1999 base case and 2009 

future case modeling and is supported by additional technical work that 

shows decreasing NO, and VOC trends as a result of the control strategies implemented under the one-hour ozone standard. This proposed 

revision also includes a motor vehicle emissions budget, VOC and NO, 

reasonably available control technology analyses, reLonably available 

control measures analysis, contingency measures, and emissions inventories. (Rule project ~umbe;2006-013-~1~-~~) 

The proposed Dallas-Fort Worth Eight-Hour Ozone Nonattainment 

Area Reasonable Further Promss RFP) SIP revision demonstrates u., 

that the RFP 15% reduction requirement will be met for the analysis 

wriod of 2002 to 2008. This revision also includes a motor vehicle 

ter 114 and Chapter 115. In addition, the SIP revision includes locallevel NO, control commitments by the Houston-Galveston Area Council to be in place by 2009. This revision also includes 2000 base case 

modeling, 2009 future case modeling, VOC and NO, reasonably available control technology analyses, reasonably available control measures analysis, contingency measures, and the 2002 Houston-Galveston-Brazoria periodic emissions inventory. (Rule Project Number 

2006-027-SIP-NR) 

The proposed Houston-Galveston-Brazoria Eight-Hour Ozone Nonattainment Area Reasonable Further Progress (RFP) SIP revision demonstrates that the RFP 15% reduction requirement will be met for the analysis period of 2002 to 2008. This revision also includes a revised motor 

vehicle emissions budget (MVEB) for the milestone year 2008 that is 

updated using the latest EPA MOBILE6 inventory development tool. 

(Rule Project Number 2006-030-SIP-NR) 

Public hearings on these proposals will be held at the following times 

and locations: January 29, 2007, 2:00 p.m. and 6:00 p.m., Houston-Galveston Area Council, 3555 Timmons Lane, Houston; January 

31,2007,7:00 p.m., J. Erik Jonsson Central Library Auditorium, 1515 

Young Street, Dallas; February 1, 2007, 2:00 p.m., Arlington City 

Hall Council Chambers, 101 W. Abrams Street, Arlington; February 

1,2007, 6:00 p.m., Midlothian Conference Center, I Community Circle, Midlothian; February 6, 2007, 2:00 p.m., Longview Public Library, 222 W. Cotton Street, Longview; and February 8, 2007, 2:00 

p.m., Texas Commission on Environmental Quality, Building E, Room 

201s. 12100 Park 35 Circle, Austin. The hearings will be structured 

for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearings. Individuals may 

present oral statements when called upon in order of registration. A 

time limit may be established at each hearing to assure that enough 

time is allowed for every interested person to speak. There will be no 

open discussion during the hearings; however, commission staff members will be available to discuss the proposals 30 minutes before the 

hearings. 

Persons planning to attend the hearings, who have special communication or other accommodation needs, should contact Jennifer Stifflemire, 

Air Quality Division (512) 239-0573. Requests should be made as far 

in advance as possible. 

Comments may be submitted to Joyce Spencer, MC 205, Texas 

Commission on Environmental Quality, P.O. Box 13087, Austin, 

Texas 78711-3087; or faxed to (512) 239-4808. All comments should reference the rule or SIP project numbers 

that they pertain to. Electronic comments may be submitted at http://www.5.rceq. state.tx. us.rules/ecomments. The comment period closes February 12, 2007. Copies of the proposed rules can be obtained from the commission's Web site at 

ht~:/~w.tceq.state.tx.us/nav/r~tles/pmpose_adopt.html. Additional information is available on the commission's DFW Web 

site at http://www.rceq. state.tx.us/implementatio~dair/sip/dfi.html 

and the HGB Web site at http://www.rceq.state.tx.~is/implementation/air/siy/hgb.htrnl. For further information, please contact Ray 

Schubert, Air Quality Division, at (512) 239-6615. 

emissions budget (MVEB) for the milestone year 2008 that was TRD-200606702 

developed using MOBILE6, the latest EPA emission factor model. Robert Martinez 

(Rule Project Number 2006-031-SIP-NR) Director, Environmental Law Division 

The proposed Houston-Galveston-Brazoria nonattainrnent area SIP re- Texas on 

vision documents the Drozress made to attain the one-hour ozone stan- Filed: December 15,2006 . - 

dard, documents steps toward attainment of the eight-hour ozone standard, and estimates 201 8 as a reasonable target year for attainment of 

' 

the eight-hour ozone standard in the HGB nonattainment area. The pro- Texas Health Services Commission 

posedrevision describes the two concurrently proposed rules in chap- ~~~i~~ of public an^^ on mposed ~~di~~id payment ~~e I 

IN ADDITION December 29,2006 31 TexReg 10957 
to introduce pollution control me sures in order to reach specific 

air quality standards in particula areas of the state. i 

The proposed amendment lements Texas Water Code, 

55.103 and 55.105, and Health and Safety Code, 

$5382.002, 382.01 1, 7, and 382.202. 

$114.319. Affected Courlties arld bpliance Dates. 

(b) - (c) (No change.) I 

(a) Affected persons in the 

this section shall be in compliance 

listed in subsection (c) of this secticn 

title (relating to Low Emission Diesel 

Limits; Registration of Diesel Prodi 

Methods; Monitoring, Recordkeep 

and Exemptions to Low Emission 

ble, for diesel fuel defined under Q. 

Low Emission Fuel Definitions) thi 

a diesel-fueled compression-ignitic 

non-road equipment. 

tion facilities; and 

ity to adopt. 

counties listed in subsection (b) of 

in accordance with the schedule 

with $91 14.3 12 - 114.317 of this . Standards; Designated Alternate 

cers and Importers; Approved Test 

ng, and Reporting Requirements; 

Diesel Requirements), as applica14.6(7)(A) of this title (relating to 

t may ultimately be used to power 

n engine in a motor vehicle or in 

Filed with the Office of the Sec etary of State on December 15, 

2006. I 

TRD-200606739 

Robert Martinez 

+ + 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS 

FOR THE PROPOSED RULES 

On June 15, 2004, the Houston-Galveston-Brazoria (HGB) 

ozone nonattainment area was classified as a moderate nonattainment area under the eight-hour national ambient air quality 

standard (NAAQS) under the Federal Clean Air Act (FCAA) 

Amendments of 1990 (42 United States Code (USC), $57401 

et seq.). The HGB area is therefore required to attain the 

eight-hour ozone NAAQS of 0.08 parts per million (ppm) by the 

end of ozone season 2009, and to submit a SIP revision by 

June 15, 2007 (69 FR 23857). Control strategies for this SIP 

revision must be in place by January 1, 2009. For the HGB 

area, defined by Brazoria, Chambers, Fort Bend, Galveston, 

Harris, Liberty, Montgomery, and Waller Counties, the TCEQ 

has developed this eight-hour ozone SIP revision in accordance 

with 42 USC, 97410. Hence, this rulemaking is part of the first 

HGB SIP revision under the eight-hour ozone standard. 

The one-hour ozone NAAQS, which preceded the eight-hour 

ozone standard, was revoked June 15, 2005 (69 FR 23951). 

The one-hour ozone control strategies in the HGB area will 

remain in place. This set of strategies is extensive and will 

continue to reduce the amount of ozone precursors and ozone 

in the HGB airshed. On September 6,2006 (71 FR 52656), EPA 

published approval of the HGB nonattainment area's one-hour 

ozone attainment demonstration and associated rules. The 

approval was published in six parts, covering the rules for the 

control of highly-reactive volatile organic compounds (HRVOC), 

the HRVOC emission cap and trade (HECT) program, the mass 

emission cap and trade (MECT) program for nitrogen oxides 

(NO,), the one-hour ozone attainment plan, the emissions credit 

banking and trading program, and the discrete emission credit 

banking and trading program. For a more complete background 

on the one-hour ozone SIP revisions please see Chapter 1 

of the eight-hour SIP revision that has been submitted for 

proposal concurrent with this rule package (Project Number 

2006-027-SIP-NR). 

The proposed rulemaking would subject owners or operators of 

volatile organic compound (VOC) storage tanks, transport vessels, and marine vessels located in the HGB eight-hour ozone 

nonattainment area to more stringent control, monitoring, testing, recordkeeping, and reporting requirements. The revised 

requirements have been developed to reduce VOC emissions 

that have previously been underreported in emissions inventories (El). 

The first Texas Air Quality Study (TexAQS 2000) measured ambient VOC concentrations in the Houston Ship Channel to be 

greater than estimates reported in the El. Therefore, when TCEQ 

and its research partners began TexAQS II in May 2005, one of 

the study's primary goals was to identify VOC emission sources 

that have been historically unreported or underreported in the El 

CHAPTER 1 15. CONTROL OF AIR and could potentially be contributing to the discrepancy between 

measured and reported emissions. 

POLLUTION FROM VOLATILE ORGANIC TexAQS I1 remote sensing VOC project results indicate that cerCOMPOUNDS tain types of storage tank emissions, including degassing, flash, 

The Texas Commission on Environmental Quality (TCEQ or ' 

and landing loss emissions, generally have been unreported in 

the El. Recent data analysis, a landing loss emissions survey, commission) proposes new 5115.110 and and other TCEQ studies indicate that these unreported emis- 95115.112 - l1 5.1171 l1 "I1 115.541 - l1 5'547p and 15.549' sions could total several thousand tons per year (tpy); unreThe amendments will be submitted to the United States Environ- ported or underreported landing loss emis&ons-alone Ghe HGB 

mental Protection Agency (EPA) as a revision to the state imple- area totaled approximately 7,250 tons in 2003. The proposed 

mentation plan (SIP). rulemaking would reduce emissions from these sources as well 

PROPOSED RULES December 29,2006 31 TexReg 10525 
as other sources of potentially unreported tank emissions, such 

as slotted guidepoles and other tank fittings. 

SECTION BY SECTION DISCUSSION 

Grammatical, style, and other non-substantive corrections are 

made throughout the rulemaking to be consistent with Texas 

Register requirements, to improve readability, and to conform 

to the drafting standards in the Texas Legislative Drafting Manual, August 2006. Such changes include appropriate and consistent use of acronyms, section references, and certain terminology such as "that" and "which" and "shall" and "must." These 

changes are not discussed further. 

Subchapter B. General Volatile Organic Compound Sources 

Division 1. Storage of Volatile Organic Compounds 

Proposed $115.110 would add two definitions used in proposed 

regulatory text. Proposed $1 15.1 1 O(1) would define Incompatible liquid as the term is used in proposed $115.112(d)(2)(H)(ii). 

The definition is intended to allow tank landings when necessary 

for change of service to a material that would be contaminated 

by the previously stored material. For example, a change in service to gasoline with a lower Reid vapor pressure that must be 

performed to comply with applicable fuel requirements is considered an incompatible liquid. The commission seeks comment on 

this definition. In particular, the commission seeks comment on 

how to address materials owned or produced by different en- 

. tities. Proposed $1 15.11 O(2) would define Tank battery as the 

term is used in $115.112(d)(4). 

Proposed changes to $115.112 would amend $115.112(a) to 

specify that the existing requirements apply to the HGB area 

until January 1, 2009. Proposed changes would also add a 

subsection (d) to specify additional requirements for storage 

vessels in the HGB area that will take effect on January 1, 2009. 

Proposed $115.112(d)(l) would specify the tank size and vapor 

pressure criteria that determine control requirements for tanks. 

These are the same criteria and control requirements that are 

now effective in the HGB area. These requirements are being 

moved to proposed subsection (d) to be at the same location as 

new provisions that will apply to tanks in the HGB area. 

Proposed $11 5.11 2(d)(2) would change the control requirements 

for tank fittings. Proposed $115.112(d)(2)(A) would specify that 

all openings in an internal or external floating roof except for automatic bleeder vents, rim space vents, and roof drains must provide a projection below the liquid surface and be equipped with 

a cover, seal, or lid. The cover, seal, or lid must be equipped 

with a working gasket and kept in a closed position at all times 

except when the opening is in actual use. The existing rule 

does not include roof drains in the list of exceptions. The existing rule allows the use of either a projection below the liquid 

surface or a cover, seal, or lid. The proposed new language 

would require both means of control, and would also specify that 

the cover, seal, or lid must be equipped with a working gasket. 

With only a projection below the liquid surface, fittings still have 

potential for VOC emissions. The use of a cover, seal, or lid 

equipped with a working gasket to effectively seal off the opening from the atmosphere will reduce the VOC emissions arising 

from fitting losses. Proposed $1 15.1 12(d)(2)(B) would specify 

that automatic bleeder vents (also known as vacuum breaker 

vents) must be gasketed and closed at all times except when 

the roof is being floated off or landed on the roof leg supports. 

The current rule requires only that the automatic bleeder vents 

be closed. The new language would also require that the vents 

be equipped with a working gasket to further limit VOC emissions. Proposed $1 15.1 12(d)(2)(C) would require rim vents to 

be gasketed and set to open only when the roof is being floated 

off the roof leg supports or at the manufacturer's recommended 

setting. The existing rule specifies the requirement for the rim 

vent settings; the new rule would add the requirement that the 

vents be equipped with a working gasket to further limit VOC 

emissions. Proposed $1 15.1 12(d)(2)(D) requires that any roof 

drain that empties into the stored liquid must be equipped with 

a slotted membrane fabric cover or equivalent control. The current rule specifies the use of the slotted membrane fabric cover; 

the proposed rule would allow the use of other controls. Controls other than slotted membrane fabric covers are allowed by 

EPA regulations and can provide equivalent or superior emission 

reduction performance. Examples include weighted ball or ball 

in cage type controls. The proposed rule would also specify that 

the requirement does not apply to stub drains on internal floating 

roof tanks. Stub drains are found on internal floating roof tanks 

that have bolted decks. Their purpose is to allow stored liquid 

that collects on the roof to drain back into the tank. Covers or 

other controls on these stub drains would provide minimal, if any, 

reduction in VOC emissions. 

Proposed $115.112(d)(2)(E) states that there must be no visible 

holes, tears, or other openings in any seal or seal fabric. Proposed $1 15.11 2(d)(2)(F) states that secondary seals on external 

floating roof tanks must be rim-mounted and specifies a maximum allowable area of gaps between the secondary seal and 

the tank wall. These provisions are identical to current requirements in $115.112(a)(2)(E) and $1 15.11 2(a)(2)(F). 

Proposed $115.112(d)(2)(G) would require each slotted guidepole well to have a gasketed sliding cover or a flexible fabric 

sleeve seal, and a gasketed float or other device that closes 

off the liquid surface from the atmosphere. The amount of reduction achieved would depend on various factors including the 

tank size and material stored. As an example, a 100-foot diameter external floating roof tank with 4,000,000-gallon capacity 

that stores gasoline with a Reid vapor pressure of 9 and has 25 

turnovers per year with an uncontrolled slotted guidepole would 

have 11.85 tons annual VOC emissions from the guidepole alone 

and 14 tons total annual tank VOC emissions. The same tank 

with a controlled slotted guidepole would have 4.5 tons annual 

VOC emissions from the guidepole alone and 6.6 tons total annual tank VOC emissions. For this case, controlling the slotted 

guidepole would result in a 62% decrease in annual VOC emissions from the guidepole and a 53% decrease in total annual 

tank VOC emissions. 

Proposed $115.112(d)(2)(H) would specify that a floating roof 

must be kept floating on the liquid surface at all times except when it must be supported by leg supports during initial 

fill and other limited circumstances. Times when the roof is 

supported by its legs are referred to as "landings." Proposed 

51 15.1 12(d)(2)(H) would limit the circumstances under which 

tank landings are allowed to times when the landing is necessary 

either to carry out required inspections or maintenance, or to 

support a change in service to a liquid that is incompatible with 

the previously stored liquid. Change in service to gasoline with 

a lower Reid vapor pressure that must be performed to comply 

with applicable fuel requirements is considered a change to a 

liquid that is incompatible with the previously stored liquid and 

would be allowed. Tank landings that are for the purposes of inventory control (also known as convenience landings) would not 

be allowed unless vapors are routed to a control device during 

the time that the roof is landed. Emissions from tank landings 

are higher than those that would occur while the roof is floating 

31 TexReg 10526 December 29,2006 Texas Register 
and have generally not been included in El. A recent survey by 

the Air Quality Division's Industrial Emissions Assessment Section indicates that an additional 7,250 tons from tank landings 

should have been reported in 2003. The proposed rule would 

reduce these previously unreported emissions. Tanks with a 

capacity less than 25,000 gallons and those storing material 

with a vapor pressure less than 1.5 pounds per square inch 

absolute (psia) are not subject to the prohibition because such 

tanks are not required to be equipped with floating roofs. As an 

alternative to the proposed requirements of $1 15.112(d)(2)(H)(i) 

- (v) would provide a compliance option where a sitewide 

floating roof storage tank emissions cap could be established in 

Chapter 116 permits to control floating roof tank landing emissions. The commission has recently established enforceable 

storage tank emission caps with several independent, for-hire 

petroleum and bulk liquid terminals in the HGB region, and is 

seeking comment on whether this is an appropriate mechanism 

for reducing emissions from tank landings. The emission caps 

would enable these terminals to reduce landing emissions 

through a combination of measures, including operational roof 

landing restrictions where feasible, lowering of leg position to 

minimize vapor space, restricting landed tank refill rates, degassing with controls following landings, and new and emerging 

control techniques. The caps that would be established under 

$11 5.1 12(d)(2)(H)(v) could not include any increase in emissions 

due to tank landings that would otherwise be prohibited under 

proposed $1 15.1 12(d)(2)(H)(i) - (iv). The commission is seeking 

comment on other exemptions to the proposed prohibition on 

convenience landings and on other possible approaches to 

decreasing emissions from tank landings. 

Proposed $1 15.1 12(d)(3) would specify that vapor recovery systems used as a control device must maintain a minimum control 

efficiency of 90%. This is the same requirement that currently 

applies. 

Proposed $115.112(d)(4) would be added to specify that flash 

emissions from crude oil and condensate storage tanks must 

be controlled if uncontrolled VOC emissions from an individual 

tank or collectively from a tank battery would be greater than 25 

tpy. Crude oil and condensate typically contain dissolved gases 

that flash as the pressure on the liquid is reduced. For example, flashing occurs when the liquids are routed from a separator or other pressurized vessel to an atmospheric storage tank. 

The flashed gases may contain VOC in addition to methane and 

ethane, and may also entrain VOC from the stored liquid. In 

many cases, these gases can be economically routed to a vapor recovery device so that the energy content can be recovered 

for use at the production site or the gas can be compressed and 

routed to the sales line. If the volume of gas is sufficient, the capital cost for these vapor recovery devices can be repaid in a short 

time because of the high value of the recovered gas. The 25 tpy 

threshold for control was chosen because it defines.the major 

source level for severe nonattainment areas. The HGB area was 

classified as severe under the one-hour ozone standard before 

the one-hour standard was replaced with the eight-hour standard. The proposed 25 tpy threshold also represents the maximum emission rate at which a site would be authorized to operate under a permit by rule (PBR). The 25 tpy threshold would 

apply to an individual tank or to an aggregation of tanks in a tank 

battery. Because flash emissions cwld occur from any of the 

connected tanks, the proposed rule would require that the total 

emissions from all connected tanks be considered in comparison 

to the 25 tpy threshold. The commission seeks comment on the 

proposed 25 tpy threshold and on how the aggregate emissions 

from a tank battery should be considered. The proposed rule 

gives several options for estimating the uncontrolled flash emissions. The methods are based on estimating an emission factor 

in terms of pounds of VOC emitted per barrel (Ibhbl) of oil or condensate produced. Railroad Commission regulations in lltle 16 

$3.58(b) require producers to file a monthly report of the amount 

of oil, casing head gas, natural gas, and condensate produced 

during the month. Owners or operators can use these production records for the previous 12 months (rolling) along with the 

emission factor to estimate the total VOC emissions. The emission factor can be determined by direct measurement of the gas 

over a 24-hour period. Gas volume can be measured by manifolding all tanks and using a device such as a mass flow meter or positive displacement meter. A sample of the gas can be 

analyzed using Gas Processors Association Method 2286, Tentative Method of Extended Analvsis for Natural Gas and Similar 

Mixtures by Temperature programmed Gas Chromatography, to 

measure the com~osition of the flashed vapors. These measurements can be'used to calculate the of VOC emitted 

over the 24-hour measurement period. The pounds of VOC can 

then be divided by the oil or condensate production rate in barrels to determine the emission rate in pounds of VOC per barrel. 

Instead of making direct measurements, the owner or operator 

can use default emission factors of 33.3 Ibhbl of condensate or 

1.6 Ibhbl of crude. These factors were determined in a study 

titled VOC Emissions from Oil and Condensate Storage Tanks. 

This study, conducted in 2006, was sponsored by the Houston 

Advanced Research Center (HARC) and is identified as project 

H51 C. For crude oil, owners or operators can use a chart found 

as Exhibit 2 of the EPA publication Lessons Learnedfrom Natural 

Gas STAR Partners: Installing Vapor Recovery Units on Crude 

OilStorage Tanks, October 2003, to estimate the volume of flash 

gas per barrel of oil. The VOC mass emission rate can then 

be determined by assuming that the hydrocarbon vapors have a 

molecular weight of 34 pounds per pound mole and are 48% by 

weight VOC. These values came from the HARC H51C study. 

Finally, the owner or operator can use an appropriate computer 

simulation or other method approved by the executive director. 

These options are specified to minimize the burden on owners 

and operators to make direct measurements or complex calculations. If direct measurements yield emission rates that are 

higher than those determined by the default emission factors, 

EPA chart, or simulation, or if computer simulation yields results 

higher than the default emission factors or chart, the higher rates 

must be used. The commission seeks comment on the proposed 

calculation methods. 

Nothing in the proposed rule implies authorization of flash emissions. All emissions must be authorized according to a permit 

or other authorization under 30 TAC Chapter 106 or 116. The 

proposed rule would regulate flash emissions from crude oil and 

condensate storage whether these materials are stored at oil or 

gas production sites, pipeline terminals, petroleum refineries, or 

elsewhere. Crude oil and condensate are not the only sources 

of flash emissions. Processes in petroleum refineries and chemical plants can generate liquids containing dissolved gases that 

will flash when the liquid is routed from higher pressure equipment to an atmospheric storage tank. Although flash emissions 

from these other liquids would not be regulated under the proposed rule, the commission is not implying that these emissions 

are authorized. Methods specified in the EPA Compilation of Air 

Pollutant Emission Factors (AP-42) to calculate emissions from 

storage tanks do not include emissions from flash. Unless these 

flash emissions have been separately estimated and included in 

best available control technology and health effects reviews durPROPOSE 'D RULES December 29,2006 31 TexReg 10527 
ing permitting, the emissions are not authorized even if they are 

not expressly prohibited by regulation in Chapter 115. 

Proposed §115.115(c) would specify appropriate measuring instruments and test methods for determining flash emissions if 

the owner or operator chooses to demonstrate compliance with 

the 25 tpy limit by direct measurement. The use of a mass flow 

meter, positive displacement meter, or similar device is proposed 

for determiningflash gas flow rate. Conventional pitot tube or orifice plate techniques may not be appropriate for the relatively low 

flow rates from oil and condensate storage tanks. Flow measurements would be made over a 24-hour period representative of 

normal operation while the producing well is operational to make 

sure that the measurements capture emissions during a typical 

working cycle including pumping into and out of the tanks. Gas 

composition would be determined using Gas Processors Association Method 2286, Tentative Method of Extended Analysis for 

Natural Gas and Similar Mixtures by Temperature Programmed 

Gas Chromatography. The commission is seeking comments on 

these proposed measuring instruments and test methods. 

Proposed ~115.116(c)(l) would specify that owners or operators 

of storage tanks that are not required to be equipped with a floating roof or vapor recovery system because the vapor pressure 

of the stored material is less than 1.5 psia shall keep records of 

the material stored and the vapor pressure. These records are 

necessary to document that material stored in fixed roof tanks 

meets the criteria for exemption from control requirements. 

Proposed §115.116(~)(2) would specify that owners or operators 

of crude oil or condensate storage tanks with flash emissions 

shall keep records to verify that emissions from these tanks are 

below the 25 tpy criteria for exemption from control requirements. 

Records must be sufficient to allow investigators to determine 

whether flash emissions have been calculated by an appropriate 

method. If a computer simulation is used, records of the input 

and output must be retained. 

The proposed amendment to §115.117(a)(2) would specify that 

in the HGB area, the storage of crude oil and condensate prior 

to custody transfer in tanks with capacity less than 210,000 gallons will no longer be exempt from the control requirements of 

Subchapter B, Division 1 after January 1,2009. The VOC emissions from such tanks at oil and gas production sites (especially 

emissions arising from flashed gases) have been found to be 

a significant source of VOC emissions and have previously not 

been reported. 

Proposed 5115.11 9(c) would specify that compliance with the requirements of §§115.112(d), 115.115(c), and 115.116(c) must be 

achieved by January 1,2009. Tanks with a nominal capacity less 

than 21 0,000 gallons (794,850 liters) storing crude oil and condensate prior to custody transfer that were previously exempt 

must achieve compliance by January 1, 2009. The HGB area 

is required to submit a SIP revision by June 15, 2007, and to 

attain the eight-hour ozone standard of 0.08 ppm by the end of 

the ozone season in 2009. Control strategies in support of the 

SIP revision must be in place by January 1, 2009. However, if 

compliance with the new requirements would necessitate emptying and degassing the tank, compliance would not be required 

until the next time the tank is emptied or degassed but not later 

than Januarv 1.2017. Additional emissions that would arise from 

emptying and degassing a tank could negate the benef~ of the 

emission controls and so would not be required sdelv for the purpose of installing controls. Because tanks are generally taken 

out of service at least once every ten years, the controls must 

be installed no later than ten years from the date these rules are 

adopted. The commission anticipates that most, if not all, of the 

required control equipment can be put into place without taking 

the tank out of service. 

Subchapter E Miscellaneous Industrial Sources 

Division 3. Degassing or Cleaning of Stationary, Marine, and 

Transport Vessels 

The proposed change to 511 5.541 (a)(l) specifies that after January 1,2009, the degassing control requirements would apply to 

storage tanks in the HGB area with a nominal capacity of 40,000 

gallons or more. The current rule mandates degassing controls 

only to tanks with a nominal capacity of one million gallons or 

more. The El database has records of more than 1,000 floating roof tanks between 40,000 and one million gallon capacity 

that could be required to employ vapor recovery during tank degassing under the proposed rule. There are also 4,000 fixed 

roof tanks in this size range, but an unknown number of these 

tanks store materials with a vapor pressure less than 0.5 psia 

and would not be subject to the proposed degassing requirement. Degassing emissions from these smaller tanks can be 

abated with technology similar to that used for larger tanks. 

The proposed change to §115.542(a)(5) would specify that the 

current control requirements apply in the HGB area only until 

January 1, 2009. Proposed 91 15.542(a)(6) would specify new 

criteria for control of degassing vapors from storage tanks, transport vessels, and marine vessels in the HGB area. The change 

would require that vapors be vented to a control device until the 

VOC concentration of the vapors is reduced to less than 34,000 

ppm by volume (ppmv) as methane. The current rules specify this concentration as one criterion for determining when vapors can be vented to the atmosphere but also allow venting 

after a turnover of four vapor space volumes has occurred. If 

the tanks are drained dry and if the flow of displacement gases 

is measured properly, four turnovers would generally be sufficient to reduce VOC concentrations to less than 34,000 ppmv. 

If liquid remains in the bottom of the tank or transport vessel, 

as commonly occurs due to irregularities in the vessel surface, 

the remaining liquid would continue to be a source of VOC emissions after the four turnover criterion has been satisfied. Dilution 

from ventilation gas used to sweep the vapor space within the 

vessel could also cause a reading of 34,000 ppmv VOC to be 

reached temporarily, but if liquid remains in the tank the concentration could again rise when the flow of ventilation gas ceases. 

The proposed revision would require continued control of the 

vapors until the VOC concentration decreases to below 34,000 

ppmv. The concentration must be rechecked periodically while 

the tank is vented to the atmosphere to ensure that it remains 

below 34,000 ppmv. If ventilation is continuous, the concentration must be measured at least once every 12 hours. If ventilation ceases for more than four hours, the concentration must be 

rechecked before the tank is reopened. 

The proposed change to §115.542(b)(4) would specify that the 

stated control requirements apply in the HGB area only until January 1, 2009. Proposed 5115.542(b)(5) would specify new criteria for control of degassing vapors from marine vessels in the 

HGB area. The change would require vapors to be vented to a 

control device until the VOC concentration of the vapors is reduced to less than 34,000 ppmv as methane. The current rules 

specify this concentration as one criterion for determining when 

vapors can be vented to the atmosphere but also allow venting 

after a turnover of four vapor space volumes has occurred. This 

change is being proposed'for degassing vapors f rom marine vessels for the same reasons discussed for the proposed change to 

31 TexReg 10528 December 29,2006 Texas Regist' 
51 15.542(a)(5) and proposed 51 15.542(a)(6) for storage vessels 

and transport vessels. 

Proposed §115.545(11) would specify the use of an instrument 

with a flame ionization detector (FID) or a TCEQ-approved alternative detector to measure the VOC concentration of the storage vessels, transport vessels, or marine vessels to determine 

when the vapors can be vented to the atmosphere instead of to a 

control device. The instrumentlFlD must meet all requirements 

specified in Section 8.1 of EPA Method 21 (40 Code of Federal 

Regulations (CFR) Part 60, Appendix A). Requiring continuous 

monitoring of VOC concentration with a gas chromatograph (GC) 

or requiring that concentration measurements be made with Test 

Methods 25, 25A, or 258 would impose a disproportionate cost 

burden on the smaller vessels affected by the proposed rule. 

The instrument with an FID detector, such as that used to monitor for VOC leaks in EPA Method 21, is more readily available 

and provides an acceptable degree of accuracy for determining whether a vessel has been effectively degassed. The measurement should be made at the head space of the vessel, as 

close as possible to the tank bottom to ensure that the concentration measurement is representative of actual conditions. The 

commission is seeking comment on the proposed frequency and 

method for the concentration measurements. 

Proposed §115.546(1)(D) would specify that records of the 

VOC concentration measurements required by §115.542(a)(6) 

and (b)(5) must be maintained. 'The records are necessary to 

document that degassing vapors are routed to a control device 

until they reach the criteria to be released to the atmosphere. 

A change to §115.547(2) is proposed to state that after January 

1,2009, storage tanks in the'HGB area with a nominal capacity of 

less than one million gallons but greater than or equal to 40,000 

gallons will no longer be exempt from the requirements to control degassing emissions. As discussed earlier in this preamble, 

degassing emissions from these smaller tanks can be controlled 

with technology similar to that used to control degassing emissions from the larger tanks. The commission seeks comment on 

the appropriate level for exemption. 

The words "causes" and "prevents" would be added to 

§115.547(4) so that the text more clearly expresses the intended meaning of the exemption. 

Proposed §115.549(d) would specify that compliance with the 

new and revised requirements must be achieved by January 1, 

2009. The HGB area is required to submit a SIP revision by June 

15, 2007, and to attain the eight-hour ozone standard of 0.08 

ppm by the end of the ozone season in 2009. Control strategies 

in support of the SIP revision must be in place by January 1, 

2009. 

FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT 

Nina Chamness, Analyst, Strategic Planning and Assessment 

Section, hasdetermined that, forthe first five-year period the proposed rules are in effect, no fiscal implications are anticipated for 

the agency or other units of state or local governments as a result 

of administration or enforcement of the phposed rules. The proposed rules affect owners or operators of storage tanks, transport vessels, and marine vessels located in the HGB eight-hour 

ozone nonattainment area and have been developed to reduce 

VOC emissions that have been previously underreported or not 

reported in El for HGB. Units of state or local governments do 

not typically own or operate these types of tanks and vessels, 

and the proposed rules are not expected to affect them. 

The proposed rules would modify parts of Chapter 115 that pertain to VOC emissions in the HGB eight-hour ozone nonattainment area. The proposed rules are intended to reduce VOC 

emissions that have previously been underreported or not reported. The proposed rules would require compliance by January 1,2009, unless compliance would require the emptying and 

degassing of an affected storage tank. In those cases, compliance would be required the next time the tank is emptied and 

degassed but no later than January 1, 2017. 

The proposed storage tank requirements would apply to tanks 

in petroleum refineries, chemical plants, gasoline storage terminals, bulk terminals storing VOCs, and oil and gas production 

sites in the HGB area. Storage tank rules would require upgrades to VOC emission controls on the fittings of floating roof 

storage tanks and require previously exempt floating roof storage tanks (those between 40,000 and 210,000 gallons storing 

crude oil and condensate at oil and natural gas production sites) 

to upgrade controls also. Flash emissions would also have to be 

controlled, and vapor recovery or other control equipment would 

have to be installed if VOC emissions from a single tank or tank 

battery exceed 25 tpy. The proposed changes to degassing rules 

forthe HGB area would affect ownersloperators of storage tanks, 

transport vessels, marine vessels, and facilities that clean transport and marine vessels. Currently, storage tanks with capacities between 40,000 and 1 million gallons are exempt from degassing control requirements. The proposed rules would change 

the criteria for determining when a tank or vessel can be vented 

to the atmosphere and could result in control equipment being 

used for a longer period of time, thus potentially increasing operating costs. The proposed rules would also add a requirement 

for measuring the VOC concentration of vented gases and for 

keeping records of those measurements. 

PUBLIC BENEFITS AND COSTS 

Ms. Chamness also determined that the public benefit anticipated from the changes seen in the proposed rules will be lower 

ozone levels and improved air quality in the HGB eight-hour 

ozone nonattainment area. 

Vapor recovery equipment to recover flash gases could be installed on crude oil or condensate storage tanks at a capital cost 

of $60,000 - $95,000. These would be one-time costs. Operating costs are expected to be more than offset by the value of the 

recovered gases. 

According to the agency's El database, there are almost 2,700 

floating-roof tanks in the HGB area that might be affected by the 

proposed rule changes requiring more stringent control of VOC 

emissions from tank ffitings. There are 86 storage terminals that 

are expected to be affected by the limitations on tank landings. 

The number of tanks storing crude oil and condensate that will 

be affected by the requirement to control flash emissions is unknown. According to Railroad Commission data there are 2,260 

active oil wells and 1,091 natural gas wells in the HGB area as of 

September 2006. A tank battery may serve one or multiple wells. 

Tanks at petroleum refineries and at pipeline terminals may also 

be affected. 

Costs associated with vessel degassing vary greatly depending 

on the size of the vessel, the concentration of VOC, and the 

quantiy of residual liquid in the vessel. The maximum costs are 

associated with large stationary storage tanks or barges, estimated as $25,000 per day. The cost of an instrument to make 

the concentration measurements could be up to $13,000, but 

PROPOSED RULES December 29,2006 31 TexReg 10529 
many facilities would already have the instrument for use in leak 

detection and repair programs. 

There are more than 4,000 fixed roof and 1,000 floating roof 

tanks between 40,000 and one million gallon capacity that could 

be required to employ vapor recovery during tank degassing as a 

result of the proposed rules. There are 865 fixed roof and 1,250 

floating roof tanks with capacities of one million gallons or more 

that may have to use control equipment for a longer time period during degassing because of the proposed rules. Tanks are 

generally expected to be degassed once every five to ten years. 

The actual number of tanks that would be affected is unknown 

because the control requirement depends on the vapor pressure 

of the stored material. Most of the fixed roof tanks would not 

likely be subject to the control requirement because they generally store materials with vapor pressures below the 0.5 psia cutoff. Transport vessels are less likely to be impacted significantly 

by the proposed rules because they are less likely to have residual liquid prior to degassing. These vessels would thus be less 

likely to be required to degas for a longer time period to meet the 

VOC concentration limit under the proposed rules. 

Costs for tank fittings on floating roof tanks to control VOCs are 

estimated to be $900 per tank for an existing tank. Estimated 

costs for equipping slotted guidepoles on floating roof tanks with 

controls are $1 0,000 per tank. These are one-time costs. 

Costs for limiting tank landings will depend on whether the site 

chooses to revise operating practices to limit the use of landings 

or to employ add-on control devices to control emissions from 

tank landings. If convenience landings are eliminated, the net 

effect would be equivalent to a capacity loss of about 15%. The 

15% loss of capacity could require the construction of one new 

tank for every six tanks that are required to limit convenience 

landings. Costs for a new tank would depend on the size and 

type of construction. A tank with a capacity of one million gallons 

would cost approximately $610,400. 

SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT 

No adverse fiscal implications are anticipated for small or microbusinesses since they are not typically ownersloperators of the 

affected tanks or vessels. If a small or micro-business in the 

HGB eight-hour ozone nonattainment area does own or operate 

a tank, transport vessel, marine vessel, or a facility that cleans 

transport and marine vessels, then it will incur the same costs as 

those incurred by a large business. 

LOCAL EMPLOYMENT IMPACT STATEMENT 

The commission has reviewed this proposed rulemaking and determined that a local employment impact statement is not required because the proposed rules do not adversely affect a local economy in a material way for the first five years that the 

proposed rules are in effect. 

DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION 

The commission reviewed the proposed rulemaking action in 

light of the regulatory analysis requirements of Texas Government Code, 92001.0225, and determined that the rulemaking 

action does not meet the definition of a "major environmental 

rule" as defined in that statute. A "major environmental rule" is a 

rule the specific intent of which is to protect the environment or 

reduce risks to human health from environmental exposure and 

that may adversely affect in a material way the economy, productivity, competition, jobs, the environment, or the public health 

and safety of the state or a sector of the state. The primary 

purpose of this proposed rulemaking action is to subject owners or operators of VOC storage tanks, transport vessels, and 

marine vessels located in the HGB eight-hour ozone nonattainrnent area to revised control, monitoring, testing, recordkeeping, and reporting requirements. The proposed rules would assist in identifying previously unreported emissions, and reducing 

them appropriately. It is anticipated that this proposed rulemaking will positively affect human health and the environment, and 

not adversely affect the economy or productivity in any material 

manner. Moreover, the proposed rules would improve air quality and make positive progress towards attainment of the HGB 

eight-hour ozone standard. Therefore, the proposed rulemaking 

does not constitute a major environmental rule, and thus is not 

subject to a formal regulatory analysis. 

In addition, this proposed rulemaking does not meet any of the 

four applicability criteria of a "major environmental rule" as defined in the Texas Government Code. Texas Government Code, 

52001.0225 applies only to a major environmental rule the result 

of which is to: 1) exceed a standard set by federal law, unless the 

rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by 

federal law; 3) exceed a requirement of a delegation agreement 

or contract between the state and an agency or representative 

of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the 

agency instead of under a specific state law. 

The rulemaking action, which is designed to reduce VOC emissions that have previously been underreported in El, does not 

exceed an express requirement under federal or state law. Furthermore, there is no contract or delegation agreement that covers the topic that is the subject of this action. Finally, this rulemaking action was not developed solely under the general powers of the agency, but is authorized by specific sections of Texas 

Health and Safety Code, Chapter 382 (also known as the Texas 

Clean Air Act), and the Texas Water Code, which are cited in 

the STATUTORY AUTHORITY section of this preamble, including Texas Health and Safety Code, 59382.01 1, 382.01 2, and 

382.01 7. Therefore, the proposed rulemaking does not exceed 

a standard set by federal law, exceed an express requirement of 

state law, exceed a requirement of a delegation agreement, nor 

is adopted solely under the general powers of the agency. 

Based upon the foregoing, this rulemaking action is not subject 

to the regulatory analysis provisions of Texas Government Code, 

92001.0225. The commission invites public comment on the 

draft regulatory impact analysis determination. 

TAKINGS IMPACT ASSESSMENT 

Under Texas Government Code, 52007.002(5), "taking" means 

a governmental action that affects private real property, in whole 

or in part or temporarily or permanently, in a manner that requires 

the governmental entity to compensate the private real property 

owner as provided by the Fifth and Fourteenth Amendments to 

the United States Constitution or51 7or $1 9, Article I, Texas Constitution; or a governmental action that affects an owner's private 

real property that is the subject of the governmental action, in 

whole or in part or temporarily or permanently, in a manner that 

restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action; and is 

the producing cause of a reduction of at least 25% in the market 

value of the affected private real property, determined by comparing the market value of the property as if the governmental 

action is not in effect and the market value of the property determined as if the governmental action is in effect. 

31 TexReg 10530 December 29,2006 Texas Reg 
The commission completed a takings impact assessment for the 

proposed rules. The proposed rules will not affect private real 

property in a manner that would require compensation to private 

real property owners under the United States Constitution or the 

Texas Constitution. The proposal also will not affect private real 

property in a manner that restricts or limits an owner's right tothe 

property that would otherwise exist in the absence of the governmental action. Therefore, the proposed rules will not cause 

a taking under Texas Government Code, Chapter 2007. 

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM 

The commission determined that this rulemaking action relates 

to an action or actions subject to the Texas Coastal Manage 

ment Program (CMP) in accordance with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources Code, 

5533.201 et seq.), and the commission rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency with the Texas 

Coastal Management Program. As required by 5281.45(a)(3) 

and 31 TAC 5505.11 (b)(2), relating to Actions and Rules Subject 

to the Coastal Management Program, commission rules governing air pollutant emissions must be consistent with the applicable goals and policies of the CMP. The commission reviewed 

this action for consistency with the CMP goals and policies in 

accordance with the rules of the Coastal Coordination Council, 

and determined the action is consistent with the applicable CMP 

goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural 

resource areas (31 TAC 5501.12(1)). No new sources of air contaminants will be authorized and the proposed rules will maintain 

at least the same level of or increase the level of emissions control as the existing rules. The CMP policy applicable to this rulemaking action is the policy that commission rules comply with 

federal regulations in 40 CFR, to protect and enhance air quality 

in the coastal areas (31 TAC 5501.32). This rulemaking action 

complies with 40 CFR Part 51, Requirements for Preparation, 

Adoption, and Submittal of Implementation Plans. Therefore, in 

accordance with 31 TAC 5505.22(e), the commission affirms this 

rulemaking action is consistent with CMP goals and policies. 

The commission solicits comments on the consistency of the proposed rulemaking with the CMP during the public comment period. 

EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING 

PERMITS PROGRAM 

The requirements of Chapter 11 5 are applicable requirements of 

30 TAC Chapter 122. Owners or operators of sites subject to 

the Federal Operating Permit Program will be required to obtain, 

revise, reopen, and renew their Federal Operating Permits, as 

appropriate, in order to include the requirements of this proposed 

rulemaking, if it is adopted by the commission. 

ANNOUNCEMENT OF HEARINGS 

The commission will hold public hearings on this proposal at 

the following times and locations: January 29, 2007, 2:00 p.m. 

and 6:00 p.m., Houston-Gaiveston Area Council, 3555 Timmons 

Lane, Houston; January 31, 2007, 7:00 p.m., J. Erik Jonsson 

Central Library Auditorium, 151 5 Young Street, Dallas; February 1, 2007, 2:00 p.m., Arlington City Hall Council Chambers, 

101 W. Abrams Street, Arlington; February 1, 2007, 6:00 p.m., 

Midlothian Conference Center, 1 Community Circle. Midlothian; 

February 6, 2007, 2:00 p.m., Longview Public Library, 222 W. 

Cotton Street, Longview; and February 8,2007,2:00 p.m., Texas 

Commission on Environmental Quality, Building E, Room 201S, 

12100 Park 35 Circle, Austin. The hearings will be structured for 

the receipt of oral or written comments by interested persons. 

Registration will begin 30 minutes prior to the hearings. Individuals may present oral statements when called upon in order of 

registration. A time limit may be established at each hearing to 

assure that enough time is allowed for every interested person 

to speak. There will be no open discussion during the hearings; 

however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearings. 

Persons planning to attend the hearings who have special communication or other accommodation needs, should contact Jennifer Stifflemire, Air Quality Division, at (512) 239-0573. Requests should be made as far in advance as possible. 

SUBMllTAL OF COMMENTS 

Comments may be submitted to Patricia Duron, MC 

205, Texas Commission on Environmental Quality, P.O. 

Box 13087, Austin, Texas 78711-3087; or faxed to (512) 

239-4808. Electronic comments may be submitted at 

http://www5.tceq.state.tx.us/ruleslecomments All comments 

should reference Rule Project Number 2006-038-115-EN. The 

comment period closes February 12, 2007. Copies of the 

proposed rules can be obtained from the commission's Web site 

at http:/%mw. tceq.state. tx. us/nav/rules/propose_adopt. html. 

For further information, please contact Teresa Hurley of the Air 

Quality Division at (512) 239-531 6. 

SUBCHAPTER B. GENERAL VOLATILE 

ORGANIC COMPOUND SOURCES 

DIVISION 1. STORAGE OF VOLATILE 

ORGANIC COMPOUNDS 

30 TAC ~~115.110,115.112 - 115.117,115.119 

STATUTORY AUTHORITY 

The amendments and new rule are proposed under Texas Water Code, 55.102, concerning General Powers, 55.1 03, concerning Rules, and 55.1 05, concerning General Policy, that authorize 

the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and under Texas 

Health and Safety Code, 5382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Health and Safety Code, Chapter 382 (also known as the Texas Clean Air Act). The amendments and new rule are also proposed under Texas Health and 

Safety Code, 5382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state air 

resources, consistent with the protection of public health, general welfare, and physical property; 5382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; 5382.012, concerning State Air 

Control Plan, that authorizes the commission to prepare and 

develop a general, comprehensive plan for the control of the 

state's air; 5382.014, concerning Emission Inventory, which authorizes the commission to require the submission of information concerning the emission of air contaminants; and 5382.016, 

concerning Monitoring Requirements; Examination of Records, 

which authorizes the commission to require owners and operators of emission sources to maintain measuring and monitoring 

records and make such records available to the commission. 

The rules are proposed under federal mandates contained in 

42 USC, 57410, that require states to introduce pollution conPROPOS 'ED RULES December 29,2006 31 TexReg 10531 
trol measures in order to reach specific air quality standards in 

particular areas of the state. 

The proposed amendments and new rule implement Texas 

Health and Safety Code, 55382.002, 382.011, 382.012, 

382.01 4, and 382.016. 

$115.110. Definitions. 

The following words and terms, when used in this division (relating to 

Storage of Volatile Organic Compounds), have the following meanings, 

unless the context clearly indicates otherwise. Additional definitions 

for terms used in this division are found in $93.2. 101.1, and 1 15.10 of 

this title (relating to Definitions). 

II) Incompatible liquid--A liquid that is a different chemical compound or a fuel with different regulatory specifications. 

QJ Tank battery--A collection of equipment used to separate. treat, store, and transfer crude oil, condensate. natural gas, and 

produced water. A tank battery typically receives crude oil, condensate, natural gas, or some combination of these extracted products from 

several production wells for accumulation and separation prior to transmission to a natural gas plant or petroleum refinery. 

$115.112. Control Requiremertts. 

(a) For all persons in the BeaumontTort Arthur, DallaslFort 

Worth, El Paso, and until January 1, 2009, in the HoustodGalveston/Brazoria areas as defined in $1 15.10 of this title (relating to 

Definitions), the following requirements [W] apply. 

(I) No person shall place, store, or hold in any stationary tank, reservoir, or other container any volatile organic compound 

(VOC) unless such container is capable of maintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is equipped with at least the control device specified in Table 

I(a) of this paragraph for VOC other than crude oil and condensate, or 

Table II(a) of this paragaph for crude oil and condensate. 

Figure: 30 TAC $115.1 12(a)(1) 

[~3e~~] 

(2) For floating roof storage tanks subject to the provisions 

of paragraph (1) of this subsection, the following requirements [shalk] 

apply. 

(A) (No change.) 

(B) Automatic bleeder vents (vacuum breaker vents) 

must [aie te] be closed at all times except when the roof is being 

floated off or landed on the roof leg supports. 

(C) Rim vents, if provided, must [are to] be set to open 

only when the roof is being floated off the roof leg supports or at the 

manufacturer's recommended setting. 

(D) Any roof drain that empties into the stored liquid 

must [MI be equipped with a slotted membrane fabric cover that 

covers at least 90% of the area of the opening. 

(E) There must [W] be no visible holes, tears, orother 

openings in any seal or seal fabric. 

(F) For external floating roof storage tanks, secondary 

seals must [W] be the rim-mounted type (the seal must [W] be 

continuous from the floating roof to the tank wall). The accumulated 

area of gaps that exceed 118 inch (0.32 centimeter [em]) in width between the secondary seal and tank wall must [W] be no greater than 

1.0 square inch [&*I per foot (21 square centimeters per [&fJmeter) 

of tank diameter. 

(3) Vapor recovery systems used as a control device on any 

stationary tank, reservoir, or other container must [W] maintain a 

minimum control efficiency of 90%. 

(b) - (c) (No change.) 

(d) For all persons in the HoustodGalvestonlBrazoria area the 

follow6 requirements apply. 

No person shall place, store, or hold in any stationary 

tank, reservoir, or other container any VOC unless such container is capable of maintaining working pressure sufficient at all times to prevent 

any vapor or gas loss to the atmosphere, or is equipped with at least the 

control device specified in either Table I(a) of subsection (a)(l) of this 

section for VOC other than crude oil and condensate, or Table II(a) of 

subsection (a)(]) of this section for crude oil and condensate. 

(2J For floating roof storage tanks subject to the provisions 

of paragraph (1) of this subsection, the following requirements apply. 

All openinp in an internal or external floating roof 

except for automatic bleeder vents (vacuum breaker vents), rim space 

vents, and roof drains must provide a projection below the liquid surface and be equipped with a cover, seal, or lid. Any cover. seal, or lid 

must be equipped with a working gasket and kept in a closed (i.e.. no 

visible gap) position at all times except when the device is in actual 

- use. 

@) Automatic bleeder vents (vacuum breaker vents) 

must be equipped with a working gasket and closed at all times except 

when the roof is being floated off or landed on the roof leg supports. 

Rim vents, if provided, must be equipped with a 

working gasket and be set to open only when the roof is being floated 

off the roof leg supports or at the manufacturer's recommended setting. 

(D) Any roof drain that empties into the stored liquid 

must be equipped with a slotted membrane fabric cover that covers at 

least 90% of the area of the opening or an equivalent control that must 

be kept in a closed (i.e., no visible gap) position at all times except 

when the drain is in actual use. Stub drains on internal floating roof 

tanks are not subject to this requirement. 

QYJ There must be no visible holes, tears, or other openings in any seal or seal fabric. 

seals must be the rim-mounted type (the seal must be continuous from 

the floating roof to the tank wall). The accumulated area of gaps that 

exceed 118 inch (0.32 centimeter) in width between the secondary seal 

and tank wall must be no greater than 1 .O square inch per foot (21 square 

centimeters per meter) of tank diameter. 

(Q Each slotted guidepole well must have a gasketed 

sliding cover or a flexible fabric sleeve seal, and a gasketed float or 

other device that closes off the liquid surface from the atmosphere. 

The floating roof must be floating on the liquid surface at all times except when the floating roof is supported by the leg 

supports during the initial fill or as allowed under the following circumstances: 

when necessary for required maintenance or inspection; 

(iJ when necessary for supporting a change in service to a liquid that is incompatible with the previously stored liquid 

(Including change in service to a gasoline with a lower Reid vapor pressure to comply with applicable requirements); 

J'EJ when the tank has a capacity of less than 25.000 

gallons or the vapor pressure of the material stored is less than 1.5 psia; 

31 TexReg 10532 December 29,2006 Texas Register 
when the vapors are routed to a control device 

from the time the roof is landed until it is refloated; or 

@ when all emissions from the tank, including 

emissions from roof landings, have been included in a sitewide floating 

roofe tank emissions cap approved under Chapter 116 of this 

mrelating 

tion 

to Control of Air Pollution by Permits for New Construcvalue is not increased to account for 

emissions from landings that would otherwise be prohibited. 

(3J Vapor recovery systems used as a control device on any 

stationary tank. reservoir, or other container must maintain a minimum 

control efficiency of 90%. 

(4J Tanks storing crude oil or condensate must route 

flashed gases to a vapor recovery system or control device if the 

uncontrolled VOC emissions from an individual tank, or from the 

aggregate of tanks in a tank battery. have the potential to equal or 

exceed 25 tons per year on a rolling 12-month basis. Uncontrolled 

emissions must be estimated by one of the following methods: 

(AJ direct measurement using the measuring instruments and methods specified in $1 15.1 15 of this title (relating to 

Approved Test Methods) with the flow measurement made over a 

-period typical of normal operation while the producing well 

is operating; 

using a factor of 33.3 pounds of VOC per barrel of 

condensate produced or 1.6 pounds of VOC per barrel of oil produced; 

for crude oil storage only. using the chart in Exhibit 

2 of the United States Environmental Protection Agency publication 

Lessons Learned from Natural Gas STAR Partners: Installing Vapor 

Reco1ret-p Units or1 Crude Oil Storage Tarlks, October 2003, and assuming that the hydrocarbon vapors have a molecular weight of 34 pounds 

per pound mole and are 48% by weight VOC; 

(DJ using an appropriate comjuter simulation; or 

(El other method approved b~~theexecutive director. 

$115.113. Alternate Coilrrol Requirements. 

Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria 

in this division (relatingoe of Volatile Organic Compounds) 

may be approved by the executive director in accordance with 3 1 15.910 

of this title (relating to Availability of Alternate Means of Control) if 

emission reductions are demonstrated to be substantially equivalent. 

$115.114. Inspection Requirements. 

(a) For all persons in the BeaumontPort Arthur, DallaslFort 

Worth, El Paso, and HoustodGalveston/Brazoriia areas. the following 

inspection requirements [shall] apply. 

(I) For internal floating roof storage tanks, the internal 

floating roof and the primary seal or the secondary seal (if one is in 

service) must [W] be visually inspected through a fixed roof inspection hatch at least once every 12 months. If the internal floating roof 

is not resting on the surface of the volatile organic compounds (VOC) 

inside the storage tank and is not resting on the leg supports; or liquid 

has accumulated on the internal floating roof; or the seal is detached; 

or there are holes or tears in the seal fabric; or there are visible gaps 

between the seal and the wall of the storage tank, within 60 days of the 

inspection the owner or operator shall repair the items or shall empty 

and degas the storage tank in accordance with $51 15.541 - 115.547 

of this title (relating to Degassing or Cleaning of Stationary, Marine, 

and Transport Vessels). If a failure cannot be repaired within 60 days 

and if the storage tank cannot be emptied within 60 days, the owner 

or operator may submit written requests for up to two extensions of 

up to 30 additional days each to the appropriate regional office. The 

owner or operator shall submit a copy to any local air pollution control 

program with jurisdiction. Each request for an extension must [MI 

include a statement that alternate storage capacity is unavailable and 

a schedule that will assure that the repairs will be completed as soon 

as possible. 

(2) For external floating roof storage tanks, the secondary seal gap must [MI be physically measured at least once 

every 12 months to insure compliance with 5 1 15.11 2(a)(2)(F) @ 

1115.1 12(d)(2)(F) of this title (relating to Control Requirements). 

If the secondary seal gap exceeds the limitations specified by 

5 115.112(a)(2)(F) ~15.112(d)(2)(F) ofthis title, within 60 days 

of the inspection the owner or operator shall repair the items or shall 

empty and degas the storage tank in accordance with $51 15.541 - 

115.547 of this title. If a failure cannot be repaired within 60 days 

and if the storage tank cannot be emptied within 60 days, the owner 

or operator may submit written requests for up to two extensions of 

up to 30 additional days each to the appropriate regional office. The 

owner or operator shall submit a copy to any local air pollution control 

program with jurisdiction. Each request for an extension must [W] 

~nclude a statement that alternate storage capacity is unavailable and 

a schedule that will assure that the repairs will be completed as soon 

as possible. 

(3) If the tank is equipped with a mechanical shoe or 

liquid-mounted primary seal, compliance with $ 11 5.1 12(a)(2)(n 

$1 15.1 12(d)(2)(F) of this title can be determined by visual inspection. 

(4) For external floating roof storage tanks, the secondary 

seal must [MI be visually inspected at least once every six months 

to ensure compliance with 5 11 5.1 12(a)(2)(E) and (F) and (d)(2)(E&mJ 

[+!*2@0-@)] of this title. If the external floating roof is 

not resting on the surface of the VOC inside the storage tank and is not 

resting on the leg supports; or liquid has accumulated on the external 

floating roof; orthe is detached; or there are holes or tears in the 

seal fabric; or there are visible gaps between the seal and the wall of 

the storage tank, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank in 

accordance with $$115.541 - 115.547 of this title. If a failure cannot 

be repaired within 60 days and if the storage tank cannot be emptied 

within 60 days, the owner or operator may submit written requests for 

up to two extensionsof up to 30 additional days each to the appropriate 

regional office. The owner or operator shall submit a copy to any local 

air pollution control program with jurisdiction. Each request for an extension must [shall] include a statement that alternate storage capacity 

is unavailable and a schedule that will assure that the repairs will be 

completed as soon as possible. 

(b) - (c) (No change.) 

$115.115. Approved Test Methods. 

(a) For the Beaumonflort Arthur, DalladFort Worth, El Paso, 

and HoustodGalveston/Brazoria areas, compliance with 3 1 15.1 12(a) 

and (d) of this title (relating to Control Requirements) must [W] be 

determined by applying the following test methods, as appropriate: 

(1) Test Methods 1-4 (40 Code of Federal Regulations 

(CFR) Part 60, Appendix A) for determining flow rates, as necessary; 

(2) Test Method 18 (40 CFR Part [€Me ef Fded kguMer~] 60, Appendix A) for determining gaseous organic compound 

emissions by gas chromatography; 

(3) Test Method 22 (40 CFR Part [€Me &~~ 

tietts] 60, Appendix A) for visual determination of fugitive emissions 

from material sources and smoke emissions from flares; 

PROPOSED RULES December 29,2006 31 TexReg 10533 
(4) Test Method 25 (40 CFR Part [W ef Fe&d Reg- 

&#hs] 60, Appendix A) for determining total gaseous nonmethane 

organic emissions as carbon; 

(5) Test Methods 25A or 25B (40 CFR Part [Gde ef Federal Regdakm] 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared 

analysis; 

(6) test method described in 40 CFR 160.113a(a)(l)(ii) (effective April 8, 1987) for measurement of storage tank seal gap; 

(7) - (8) (No change.) 

(b) (No change.) 

For the HoustonlGalvestonlBrazoria area. compliance with 

51 15.1 12(d)(4) of this title may be determined by using the following 

measurement instruments or applying the following test methods. as 

appropriate: 

mass flow meter. positive displacement meter, or similar device over a 24-hour period representative of normal operation 

while the producing well is operational for flow measurements of flash 

gases: and 

(2J Gas Processors Association Method 2286, Tentative 

Method of Extended Analysis for Natural Gas and Similar Mixtures 

by Temperature Programmed Gas Chromatography, to measure the 

composition of the flashed gases: or 

QJ minor modifications to these test methods approved by 

the executive director. 

$115.11 6. Monitoring atrd Recordkeeping Requirements. 

(a) For all persons in the BeaumontlPort Arthur, DallaslFort 

Worth, El Paso, and Houston/GalvestonlBrazoria areas, the following 

recordkeeping requirements [sh&] apply. 

(1) The owner or operator of any storage vessel with an 

external floating roof [which] is exempted from the requirement 

for a secondary seal as specified in 115.1 17(a)(l), (6), and (7) of this 

title (relating to Exemptions) and & used to store volatile organic compounds (VOC) with a true vapor pressure greater than 1.0 pounds per 

square inch absolute (psia) [@a] (6.9 kilo PascalskPa) [&I) at storage conditions shall maintain records of the type of VOC stored and 

the average monthly true vapor pressure of the stored liquid. 

(2) The results of inspections required by $1 15.1 14(a) of 

this title (relating to Inspection Requirements) must [W] be recorded. 

For secondary seal gaps that are required to be physically measured 

during inspection, these records must [&a#] include a calculation of 

emissions for all secondary seal gaps that exceed 118 inch (0.32 tentimeter [-]) where the accumulated area of such gaps is greater than 

I .O square inch per foot (21 square centimeters per meter) of tank diameter. These calculated reportable emissions (Tr) must [W] be reported in the annual emissions inventory submittal required by § 101.10 

of this title (relating to Emissions Inventory Requirements). The emissions must [MI be calculated using the following methodology: 

(A) - (G) (No change.) 

(H) Tank Emissions (with good single seal): Ts =a 

pilation of Air Pollutant Emission Factors (AP-42) [MI Calculation 

(convert to poundslday). 

(I) - (J) (No change.) 

(3) (No change.) 

(4) The results of any testing conducted in accordance with 

the provisions specified in $1 15.115(a) of this title (relating to & 

proved Test Methods [Testmg must [W] be maintained at an affected facility. 

(5) All records= [W] be maintained for two years and 

be made available for review upon request by authorized representatives of the executive director, United States Environmental Protection 

Agency (EPA) [EM], or local air pollution control agencies with jurisdiction. 

(b) (No change.) 

For all persons in the Houston/Galveston/Brazoria areas, 

the following recordkeeping requirements apply in addition to those 

specified in subsection (a) of this section. 

(1) The owner or operator of any storage vessel with a fixed 

roof that is not required to be equipped with a floating roof or vapor recovery system, as specified in either Table ](a) or Table Il(a) of 

31 15.1 12(a)(l) of this title (relating to Control Requirements), shall 

maintain records of the type of VOC stored. the length of time the material is stored, and the true vapor pressure at the average monthly storage temperature of the stored liquid. This requirement does not apply 

to tanks with nominal storage capacity of 25,000 gallons or less storing 

volatile organic liquids other than crude oil or condensate, or to tanks 

with nominal storage capacity of 40,000 gallons or less storing crude 

oil or condensate. 

@ The owner or operator of any storage vessel that stores 

crude oil or condensate and is not equipped with vapor recovery shall 

maintain records of the estimated annual emissions from the tank to 

document that the uncontrolled emissions are less than 25 tons per year. 

The records must be updated annually and must be made available for 

review within 72 hours upon request by authorized representatives of 

the executive director, EPA, or local air pollution control agencies with 

jurisdiction. Proiected emissions for the next year must be calculated 

within 30 days of the request by authorized representatives of the executive director, EPA, or locala&poljH~n control aggn~ieswithjur~s, 

diction. 

$1 15.11 7. Exemptions. 

(a) For all persons in the BeaumontlPort Arthur. DallaslFort 

Worth, El Paso, and Houston/Galveston/Brazoria areas, the following 

exemptions apply. 

(1) Except as provided in $1 15.1 16 of this title (relating 

to Monitoring and Recordkeeping Requirements), any volatile organic 

compound (VOC) with a true vapor pressure less than 1.5 pounds per 

square inch absolute (psia) (10.3 kilo Pascals (kPa) [Wa]) at storage 

conditions is exempt from the requirements of this division (relating to 

[&el Storage of Volatile Organic Compounds). 

(2) Crude oil and condensate stored in tanks with a nominal capacity less than 2 10,000 gallons (794,850 liters), prior to custody 

transfer, is exempt from the requirements of this division. After January I, 2009. this exemption no longer applies in the HoustonlGalvestodBrazoria area. 

(3) Storage containers [wkiek] have a capacity of less 

than 25,000 gallons (94,625 liters) located at motor vehicle fuel dispensing facilities are exempt from the requirements of this division. 

(4) A welded tank with a mechanical shoe primary seal $gt 

[wkidt] has a secondary seal from the top of the shoe seal to the tank 

wall (a shoe-mounted secondary seal) is exempt from the requirement 

for retrofitting with a rim-mounted secondary seal if the shoe-mounted 

secondary seal was installed or scheduled for installation before August 

22, 1980. 

(5) - (7) (No change.) 

31 TexReg 10534 December 29,2006 Texas Register 
(8) Storage containers that [wkeh] have a capacity of no 

more than 1,000 gallons are exempt from the requirements of this division. 

(b) - (c) (No change.) 

$115.119. Colinries and Compliance Schedules. 

(a) - (b) (No change.) 

The owner or operator of each stationary tank, reservoir, or 

other container in which any VOC is placed. stored, or held in Brazoria. Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and 

Waller Counties shall comply with the requirements of $$115.112(d). 

I IS. 1 15(c), and 1 15.1 16(c) of this title (relating to Control Requirements; Approved Test Methods; and Monitoring and Recordkeeping 

Requirements) as soon as practicable. but no later than January I, 2009. 

If compliance with these requirements would require emptying and degassing of the storage vessel, compliance is not required until the next 

time the vessel is emptied or degassed but no later than January 1,201 7. 

The owner or operator of each stationary tank with a nominal capacity 

less than 210.000 gallons (794,850 liters) storing crude oil and condensate prior to custody transfer in Brazoria, Chambers, Fort Bend, Calveston, Harris, Liberty, Montgomery. and Waller Counties shall comply 

with the requirements of this division as soon as practicable but no later 

than January I, 2009. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on December 15, 

2006. 

TRD-200606736 

Robert Martinez 

Director, Environmental Law Divhion 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: January 28, 2007 

For further information, please call: (51 2) 239-6087 

SUBCHAPTER F. MISCELLANEOUS 

INDUSTRIAL SOURCES 

DIVISION 3. DEGASSING OR CLEANING OF 

STATIONARY, MARINE, AND TRANSPORT 

VESSELS 

30 TAC §§115.541 - 115.547, 115.549 

STATUTORY AUTHORITY 

The amendments are proposed under Texas Water Code, 

95.102, concerning General Powers, 95.1 03, concerning Rules, 

and $5.105, concerning General Policy, that authorize the 

commission to adopt rules necessary to carry out its powers 

and duties under the Texas Water Code; and under Texas 

Health and Safety Code, 9382.017, concerning Rules, that 

authorizes the commission to adopt rules consistent with the 

policy and purposes of the Texas Health and Safety Code, 

Chapter 382 (also known as the Texas Clean Air Act). The 

amendments are also proposed under Texas Health and 

Safety Code, 9382.002, concerning Policy and Purpose, that 

establishes the commission's purpose to safeguard the state 

air resources, consistent with the protection of public health, 

general welfare, and physical property; $382.011, concerning 

General Powers and Duties, that authorizes the commission to 

control the quality of the state's air; $382.012, concerning State 

Air Control Plan, that authorizes the commission to prepare 

and develop a general, comprehensive plan for the control 

of the state's air; $382.014, concerning Emission Inventory, 

which authorizes the commission to require the submission of 

information concerning the emission of air contaminants; and 

$382.016, concerning Monitoring Requirements; Examination 

of Records, which authorizes the commission to require owners 

and operators of emission sources to maintain measuring and 

monitoring records and make such records available to the 

commission. The rules are proposed under federal mandates 

contained in 42 USC 97410, that require states to introduce 

pollution control measures in order to reach specific air quality 

standards in particular areas of the state. 

The proposed amendments implement Texas Health and Safety 

Code, 99382.002, 382.011, 382.012, 382.014, and 382.016. 

$115.541. Emission Specifications. 

(a) For all persons in the Beaumont/Port Arthur, DallasFort 

Worth, El Paso, and HoustodGalvestodBrazoria areas as defined in 

$115.10 of this title (relating to Definitions), the following emission 

specifications [W] apply to degassing during or in preparation of 

cleaning. 

(I) For all stationary volatile organic compound (VOC) 

storage tanks with a nominal storage capacity of one million gallons or 

more and after January 1, 2009, storage tanks in the HoustodGalvestoll/Brazorlaacity of 40,000 gallons 

or more. 

(A) No person shall permit VOC emissions with a vapor 

space partial pressure greater than or equal to 0.5 pounds per square 

inch absolute (psia) (3.4 kilo Pascals (kPa) [&I) under actual storage 

conditions unless the vapors are processed by a vapor control system. 

(B) The vapor control system must [shall] maintain a 

control efficiency of at least 90%. 

(C) When conducting degassing or cleaning operations, 

no avoidable liquid or gaseous leaks, as detected by sight or sound, may 

[shall] originate from the degassing or cleaning operations. 

(D) The intentional bypassing of a vapor control device 

used during degassing or cleaning is prohibited. Any visible VOC leak 

originating from the vapor control device or other associated product 

recovery device must [shall] be repaired as soon as practical. 

(2) For all transport vessels, as defined in $1 15.10 of this 

title, with a nominal storage capacity of 8.000 gallons or more. 

(A) (No change.) 

(B) The vapor control system must [W] maintain a 

control efficiency of at least 90%. 

(C) When conducting degassing or cleaning operations, 

no avoidable liquid or gaseous leaks, as detected by sight or sound, may 

[W] originate from the degassing or cleaning operations. 

(D) The intentional bypassing of a vapor control device 

used during degassing or cleaning is prohibited. Any visible VOC leak 

originating from the vapor control device or other associated product 

recovery device [W] be repaired as soon as practical. 

(E) All transport vessels, as defined in $ 115.10 of this 

title, must [W] be kept vapor-tight at all times until the VOC vapors 

remaining in the vessel are discharged to a vapor control system. 

- - 

PROPOSED RULES December 29,2006 31 TexReg 10535 
(b) For all persons in the BeaumontPort Arthur and Houston/Galveston/Brazoria areas, the following emission specifications 

[W] apply to degassing during or in preparation of cleaning for all 

marine vessels. as defined in $101.1 of this title (relating to Definitions), [wkidt] have a nominal storage capacity of 10,000 barrels 

(420,000 gallons) or more and contain VOCs. 

(1) No person shall degas or clean a tank that carried a VOC 

with a vapor partial pressure greater than or equal to 0.5 psia [pun& 

pef sqww kb W] (3.4 kPa) unless the vapors are processed by 

a vapor control system. 

(2) The vapor control system must [W] maintain a control efficiency of at least 90%. 

(3) When conducting degassing or cleaning operations, no 

avoidable liquid or gaseous leaks, as detected by sight or sound. may 

[W] originate from the degassing or cleaning operations. 

(4) The intentional bypassing of a vapor control device 

used during degassing or cleaning is prohibited. Any visible VOC leak 

originating from the vapor control device or other associated product 

recovery device must [W] be repaired as soon as possible. 

(5) All marine vessels, as defined in $ 101. l of this title, 

containing VOCs must [W] have all cargo tank closures properly secured, or maintain a negative pressure within the tank when a closure 

is opened, and must [W] have all pressure/vacuum relief valves operating within certified limits as specified by classification society or 

flag state until the vapors are discharged to a vapor control system if 

the vessel is degassed or cleaned. 

$115.542. Control Requirements. 

(a) For all persons in the BeaumontlPort Arthur, DalladFort 

Worth. El Paso, and Houston/Galveston/Brazoria areas as defined in 

$1 15.10 of this title (relating to Definitions), the following control requirements [shall] apply to stationary storage tanks and transport vessels. 

(I ) (No change.) 

(2) When degassing or cleaning is effected 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 [W] be provided to force a vapor-tight seal between 

the adapter and the hatch. A means must [W] be provided to 

minimize liquid drainage from the degassing or cleaning device when 

it is removed from the hatch of any transport vessel or to accomplish 

drainage before such removal. 

(3) When degassing or cleaning is effected through the 

hatches or manways of stationary VOC storage tanks, all lines must 

[W] be equipped with fittings that [wkidt] make vapor-tight connections and - [wbi&] are closed when disconnected; or equipped 

to permit residual VOC in the line to discharge into a recovery or 

disposal system after degassing or cleaning is complete. 

(4) Degassing and cleaning equipment must [W] be designed and operated to prevent avoidable VOC leaks. 

(5) In the BeaumontIPort Arthur, DalladFort Worth, El 

Paso, and until January 1, 2009, in the Houston/Galveston/Brazoria 

areas, vapors must [Vapws W] be routed to the control device until 

a turnover of at least four vapor space volumes has occurred, or four 

turnovers of the vapor space under a floating roof, or the partial vapor 

pressure is less than 0.5 pounds per square inch absolute (psia) [pk] 

(19,000 parts per million by weight (ppmw) [ppw], or 34,000 parts 

per million by volume (ppmv) [m] expressed as methane). After 

one of these conditions has been satisfied, the storage vessel may 

be vented to the atmosphere for the remainder of the degassing or 

cleaning process. 

@J After January 1, 2009, in the Houston/Galveston/Bra- 

- zoria area, vapors must be routed to the control device until the VOC 

measured concentration before dilution or inlet to the control device is 

less than 34,000 ppmv as methane. After this condition has been satisfied, the storage or transport vessel may be vented to the atmosphere 

for the remainder of the degassing or cleaning process provided that 

the VOC concentration remains below 34,000 ppmv as methane. The 

VOC concentration must be measured once every 12 hours if the vessel is ventilated continuously, and upon startup if ventilation has been 

suspended for more than four hours. If the VOC concentration exceeds 

34,000 ppmv as methane, the vessel must be routed to the control device until the concentration is below 34.000 ppmv as methane. 

(b) For all persons in the BeaumontlPort Arthur and Houston/Galveston/Brazoria areas, the following control requirements 

[W] apply to marine vessels. 

(1) (No change.) 

(2) When degassing or cleaning is effected through the 

hatches of a marine vessel containing VOCs with a loading arm 

equipped with a vapor collection adapter, then pneumatic, hydraulic, 

or other mechanical means must [W] be provided to force a vapor-tight seal between the adapter and the hatch, or a negative pressure 

inside the cargo tank must [W] be maintained. A means must 

[W] be provided to minimize liquid drainage from the degassing 

or cleaning device and line when they are removed from the hatch of 

any marine vessel containing VOCs or to accomplish drainage before 

such removal. 

(3) (No change.) 

(4) In the BeaumontlPort Arthur area and until January I, 

2009, in the Houston/Galveston/Brazoria area, vapors must - [Vapws 

W] be routed to the control device until the marine vessel is stripped 

VOC liquid-free and a turnover of at least four vapor space volumes has 

occurred, the partial vapor pressure is less than 0.5 psia (19.000 ppmw, 

or 34,000 ppmv expressed as methane), or the concentration of VOC is 

less than 20% of the lower explosive limit [o]. After one of these 

conditions has been satisfied, the marine vessel may be vented to the 

atmosphere for the remainder of the degassing or cleaning process. 

After January 1, 2009. in the Houston/GalvestonlBra- 

--- zoria area, vapors must be routed to the control device until the m-easured VOC concentration before dilution or inlet to the control device 

is less than 34.000 ppmv as methane. After this condition has been 

-~ 

satisfied, the marine vessel -. may be vented-e atmosphere for the 

remainder of the degassing or cleaning process provided that the VOC 

concentration remains below 34,000 ppmv as methane. The VOC concentration must be measured once every 12 hours if the vessel is ventilated continuously, and upon startup if ventilation has been suspended 

for more than four hours. If the VOC concentration exceeds 34.000 

ppmv as methane, the marine vessel must be routed to the control device until the concentration is below 34,000 ppmv as methane. 

$115.543. Afterrlate Control Requirements. 

For all persons in the BeaumontIPort Arthur, DalladFort Worth. El 

Paso, and Houston/Galveston/Brazoria areas, alternate methods of 

demonstrating and documenting continuous compliance with the 

applicable control requirements or exemption criteria in this division 

(relating to Degassing or Cleaning of Stationary, Marine, and Transport vessels) may be approved by the executive director in accordance 

with 61 15.910 of this title (relating to Availabilitv of Alternate Means 

of control) if emission red"ctionsare demonstrajkd to be substantially 

equivalent. 

31 TexReg 10536 December 29,2006 Texas Reg 
3115.544. Inspectiori Requiretnerits. 

For all persons in the BeaumontPort Arthur, Dallas/Fort Worth, El 

Paso, and Houston/Galveston/Brazoria areas, the following inspection 

requirements [W] apply. 

(1) Inspection for visible liquid leaks, visible fumes, or 

significant odors resulting from volatile oganic compound (VOC) 

transfer operations must [W] be conducted during each degassing 

or cleaning operation by the owner or operator of the VOC degassing 

and cleaning facility. 

(2) VOC degassing or cleaning through the affected transfer lines - [W] be discontinued when a leak is observed and the 

leak cannot be repaired within a reasonable length of time. The intentional bypassing of a vapor control device during cleaning or degassing 

is prohibited. 

3115.545. Appmved Test Methods. 

For the Beaumont~Port Arthur, DallaslFort Worth. El Paso, and Houston/(jalveston/Brazoria areas, compliance with $ 11 5.541 and $ 1 15.542 

of this title (relating to Emission Specifications and Control Requirements) - [W] be determined by applying the following test methods, as appropriate: 

(1) Test Methods 1-4 (40 Code of Federal Regulations 

(CFR) 60, Appendix A) for determining flow rates; 

(2) Test Method 18 (40 CFR 60, Appendix A) for determining gaseous oganic compound emissions by gas chromatography; 

(3) Test Method 25 (40 CFR rag 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; 

(4) Test Methods 25A or 25B (40 CFR 60, Appendix 

A) for determining total gaseous oganic concentrations using flame 

ionization or nondispersive infrared analysis; 

(5) additional test procedures described in 40 CFR 

§60.503(b), (c), and (dl [#&%3 e, ad dl (effective February 14, 

1989) for determining compliance for bulk gasoline terminals; 

(6) Test Method 2 1 (40 CFR Part 60, Appendix A) for determining volatile organic compound (VOC) leaks; 

(7) determination of true vapor pressure using -- American 

Society for Testing and Materials (ASTM) [ASTRQ] Test Method 

D323-89, D2879, D4953, D5190, or D5191 for the measurement 

of Reid vapor pressure. adjusted for actual storage temperature in 

accordance with API Publication 251 7, Third Edition, 1989; 

(8) Test Method 27 (40 CFR 60, Appendix A) for determining tank-truck leaks; 

(9) 40 CFR §63.565(c) (effective September 19, 1995) or 40 CFR §61.304(f) (effective October 17, 2000) for determination of 

marine vessel vapor tightness; [ef] 

(10) minor modifications to these test methods approved 

by the executive directors [;I 

(1!) VOC concentration measurements required by 

§115.542(a)(6) and (b)(5) of this title must be performed using an 

instrument with a flame ionization detector (FID), or an alternative 

detector approved by the executive director. The instrumentlFID must 

meet all requirements specified in $8.1 of United States Environmental 

Protection Agency Method 21 (40 CFR Part 60, Appendix A). 

$115.546. Monitoring and Recordkeeping Requiements. 

For facilities in the BeaumontlPort Arthur, Dallas/Fort Worth, El 

Paso, and Houston/Galveston/Brazoria areas affected by $1 15.541 

and $1 15.542 of this title (relating to Emission Specifications and 

Control Requirements), the owner or operator of any volatile organic 

compound (VOC) degassing or cleaning facility shall maintain the 

following information at the facility for at least two years and shall 

make such information available upon request lo representatives of the 

executive director, United States Environmental Protection Agency 

[-I, or any local air pollution control agency having jurisdiction in 

the area: 

(I ) for vessel degassing or cleaning operations: 

(A) a record of the type and number of all transport vessels, stationary VOC storage tanks, and marine vessels that [wlwh] are 

degassed or cleaned at the affected facility; 

(B) the chemical name and estimated liquid quantity of 

VOC contained in each vessel prior to degassing or cleaning: [dl 

(C) the chemical name and estimated liquid quantity of 

VOC removed from each vessel: 

(DJ after January 1, 2009. in the HoustorJGalvestodBrazoria area, a record of the measurements of VOC concentration from the storage vessel, transport vessel, or marine vessel being 

degassed while the vessel is vented to the atmosphere; 

(2) - (4) (No change.) 

For all persons in the BeaumontPort Arthur, DallaslFort Worth, El 

Paso, and HoustodGalvestorJBrazoria areas as defined in § 1 15.10 of 

this title (relating to Definitions), the following exemptions apply. 

(I) Degassing or cleaning any vessel with a vapor space 

partial pressure less than 0.5 pounds per square inch absolute (3.4 

Pascals [@a]) of volatile organic compound (VOC) under actual storage conditions is exempt from the requirements of this division (relating to Degassing or Cleaning of Stationary, Marine. and Transport 

Vessels). 

(2) Degassing or cleaning any transport vessel with a nominal storage capacity of less than 8,000 gallons, or any stationary VOC 

storage tank with a nominal storage capacity of less than 1 million gallons, or any marine vessel with a nominal storage capacity of less than 

10,000 barrels (420,000 gallons), is exempt from the requirements of 

this division. After January 1, 2009, stationary VOC storage tanks in 

the Houston/Galveston/Brazoria area with a nominal storage capacity 

greater than or equal to 40,000 gallons but less than 1 million gallons 

wer exempt from the requirements of this division. 

(3) (No change.) 

(4) Any marine vessel that [MI has sustained damage 

that [wlkb] prevents a cargo tank's opening from being properly secured, causes the onboard vapor recovery system to be inoperative, 

or prevents the pressure/vacuum relief valves from operating within 

certified limits as specified by classification society or flag state is exempt from §115.541(b) and §115.542(b) of this title (relating to Emission Specifications and Control Requirements); however, all reasonable measures - [W] be taken to minimize VOC emissions. 

(5) (No change.) 

$115.549. Counties and Compliance Schedules. 

(a) - (c) (No change.) 

@J All affected persons in Brazoria, Chambers. Fort Bend, 

Galveston, Harris, Liberty, Montgomery, and Waller Counties shall 

comply with the requirements in $115.542(a)(6) and (b)(5). and 

3115.546(1)(D) of this title (relating to Control Requirements and 

Monitoring ind Recordkeeping Requirements) as soon as practicable 

but no later January I, 2009. 

PROPOSED RULES December 29,2006 31 TexReg 10537 
This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on December 15, 

2006. 

TRD-200606737 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: January 28, 2007 

For further information, please call: (512) 239-6087 

CHAPTER 1 17. CONT ' L OF AIR 

POLLUTION FROM NIT I' OGEN COMPOUNDS 

The Texas Commission on 

117.403, 117.410, 117.423, 117. .430,117.435,117.440, 

sections of Chapter 117 will be su to the United States 

Environmental Protection Agency as a revision to the 

state implementation plan (SIP). 

BACKGROLIND AND SUMMARY F THE FACTUAL BASIS 

FOR THE PROPOSED RULES 

GENERAL BACKGROUND 1 

ozone rules may be found in pr 

117. In addition to the proposed 

proposed rulemaking would im 

Bill (HB) 965. During the 79th L 

islature adopted HB 965, requir 

Novem ber 15, 1 999. 

The Dallas-Fort Worth area also iled to reach attainment by 

the November 15, 1999, deadlin . In the attainment demonstration SIP revision adopted by t e commission in April 2000, 

the importance of local nitrogen o des (NO,) reductions as well 

as the transport of ozone and it I precursors from the Hous31 TexReg 10538 December 29,2006 Texas Register 
Figure: 30 TAC § 1 15.1 12(a)(l) 

TABLES AND GRAPHICS December 29,2006 31 TexReg 10897 

Table I(a) 

REQUIRED CONTROL FOR STORAGE TANKS FOR 

VOC OTHER THAN CRUDE OIL AND CONDENSATE 

True Vapor Pressure of Nominal Storage Emission Control 

Compound at Storage Conditions 

Any None 

11,000 gal* (3,785 L*) None 

Internal or external 

11.5 psia (10.3 kPa) 

and 

< 1 1 psia (75.8 kPa) 

> 40,000 gal (151,416 L) 

Internal floating roof 

or 

External floating roof with 

primary seal (any type) 

and secondary seal 

or 

vapor recovery system 

21 1 psia (75.8 kPa) 

I s1,000 gal (3,785 L) 11 None 

> 1,000 gal (3,785 L) Submerged fill pipe 

> 25,000 gal (94,635 L) 

Cpsia=pounds per square inch absolute, *kPa=kilo Pascals, *gal=gallon, *L=Liter 
Table Tlfal 11 

li - - - - - -- - 

REQUIRED CONTROL DEVICES FOR STORAGE TANKS FOR i l 

CRUDE 

True Vapor Pressure of 

Compound at Storage Conditions 

< 1.5 psia* (10.3 Pa*) 

11.5 psia (10.3 Pa) 

and 

I 

< 1 1 psia (75.8 Wa) 

11 1 psia (75.8 Pa) 

Emission Control 

Requirements 

1 Anv I None 

)IL AND CONDENSATE 

I - I Sl,OOO gal* (3,785 L*) 11 None 

I 

> 1,000 gal (3,785 L) Submerged fill pipe 

Internal floating roof 

or 

External floating roof with 

primary seal (any type) 

and secondary seal 

or 

vapor recovery system 

'1 4,000 gal (3,785 L) 

I > 1,000 gal (3,785 L) Submerged fill pipe 

I I *psia=Pounds per square inch absolute, *kPa=kilo Pascals, *gal=Gallon, *L=Liter 

31 TexReg 10898 December 29,2006 Texas Register 
Kathleen Hartnetl White, Clzairman 

R. 13. "Ralph" Marq~~ez, Comnzissione~ 

Larry R. So~fard. Commissioner 

Glenn Shanltle, E,recnfir~e Uilrcfor 

. Protecting Texas bg Reducing and Pt-euentirlg Poiiufio~z 

NOTICE OF PUBLIC HEARINGS BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

ON PROPOSED REVISIONS TO 30 TAC CHAPTERS 114,115, AND 

117, AND TO THE STATE IMPLEMENTATION PLAN 

The Texas Commission 011 Environmental Quality (commission) will conduct hearings to receive 

testimoily regarding proposed revisions to 30 TAC Chapter 114, Control of Air Pollutioll from Motor 

Vehicles, Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and Chapter 117, 

Control of Air Pollution from Nitrogen Compounds and corresponding revisions to the state 

implementatioil plan (SIP). The United States Environmental Protection Agency's (EPA's) Final Rule 

to Implement the Eight-Hour Ozone National Ambient Air Quality Standard was published on 

November 29, 2005. Under Federal Clean Air Act (FCAA), 42 United States Code, $57410, et seq., 

Texas is required to submit SIP revisions by June 15, 2007, for demonstrating attainment with the 

eight-hour ozone national ambient air quality standard. In addition, the revisions proposed to Chapter 

117 implement the legislative mandate under House Bill (HB) 965, 79th Legislature, 2005, which adds 

Texas Health and Safety Code $382.0275,' concerning Commission Action Relating to Residential 

Water Heaters, which requires certain actions of the commission regarding residential water heaters. 

The commission proposes to amend Chapter 114 to include marine distillate fuels cormnonly known as 

Marine Distillate fuel X (DMX), Marine Distillate fuel A (DMA), and Marine Gas Oil (MGO), into the 

definition of diesel fuels, requiring them to be Texas Low Emission Diesel (TxLED) compliailt in the 

Houston-Galveston-Brazoria (HGB) nonattainment area. The proposed rulemaking also adds a 

compliance scl~edule for the introduction of the TxLED-compliant inarine distillate fuels in the HGB 

nonattainrnent area. (Rule Project Number 2006-036-114-EN) 

The proposed amendments to Chapter 115 would require owners or operators in the HGB eight-hour 

ozone nonattainment area to reduce elnissions of volatile organic compounds (VOC) froin VOC storage 

and degassing operations by establishing more stringent controls for fittings on floating roof storage 

vessels, establishing control requirelneilts or operational limitations on lailding floating roofs, 

establishing control require~nents for flash elnissions from crude oil and coildensate storage tanks, and 

establishing more stringent control requirelneilts for degassing and cleaniilg of storage, transport, and 

marine vessels. (Rule Project Number 2006-038-115-EN) 

The cornmissioil is proposing to repeal Chapter 117 in its entirety and proposiilg a new reformatted 

Chapter 117. This proposed repeal and refor~nattillg of Chapter 117 is necessary to accoininodate new 

proposed rules for the Dallas-Fort Worth eight-hour ozone attainment demoilstratioil and to provide for 

future potential rulernaking, as well as improve organizatioll of existing requirements. The proposed 

rulelnakillg for the Dallas-Fort Worth eight-hour ozone attainment demoilstration would subject owners 

or operators of stationary sources of nitrogen oxides (NOx) in the Dallas-Fort Worth eight-hour ozone 

nonattaininent area, as well as in specified counties in the northeast Texas area, to inore strillgent 

emission control, monitoring, testing, recordkeeping , and reporting requirements. (Rule Project 

Number 2006-034-117-EN) 
The proposed Dallas-Fort Wort11 attainment demonstratioil SIP revision demonstrates attainment of the 

eight-hour ozone standard using photochemical modeling and weight-of-evidence and includes several 

coilcurreiltly proposed Chapter 117 rules, as well as local-level control coilllnitmeilts by the North 

Central Texas Council of Governments. The attaimneilt demonstration also includes 1999 base case 

and 2009 future case modeling and is supported by additional teclmical work that shows decreasing 

NOx and VOC trends as a result of the control strategies irnpleinented under the one-hour ozone 

standard. This proposed revision also includes a motor vehicle einissions budget, VOC and NOx 

reasoilably available coiltrol technology analyses, reasonably available control measures analysis, 

coiltingency measures, and emissions inventories. (Rule Project Number 2006-013-SIP-NR) 

The proposed Dallas-Fort Worth Eight-Hour Ozone Noilattaininent Area Reasonable Further Progress 

(RFP) SIP revision demoilstrates that the RFP 15 % reduction requirement will be met for the ailalysis 

period of 2002 to 2008. This revisioil also includes a inotor vehicle einissioils budget (MVEB) for the 

inilestone year 2008 that was developed using MOBILE6, the latest EPA emission factor model. (Rule 

Project Nunlber 2006-031-SIP-NR) 

The proposed Houston-Galveston-Brazoria nonattainine~lt area SIP revisioil docuineilts the progress 

made to attain the one-hour ozone standard, documents steps toward attainment of the eight-hour ozone 

standard, and estimates 2018 as a reasonable target year for attaiiuneilt of the eight-hour ozone standard 

in the HGB noilattaimneilt area. The proposed revision describes the two coilcurreiltly proposed rules 

in Cllapter 114' and Chapter 115. In addition, the SIP revision includes local-level NOx coiltrol 

commitments by the Houston-Galveston Area Council to be in place by 2009. This revision also 

includes 2000 base case modeling, 2009 future case modeling, VOC and NOx reasonably available 

control technology analyses, reasonably available coiltrol ineasures analysis, contiilgency measures, and 

the 2002 Houston-Galveston-Brazoria periodic emissioils inventory. (Rule Project Nunlber 2006-027- 

SIP-NR) 

The proposed Houston-Galveston-Brazoria Eight-Hour Ozone Nonattainment Area Reasoilable Further 

Progress (RFP) SIP revisioil demonstrates that the RFP 15% reduction requirement will be inet for the 

analysis period of 2002 to 2008. This revisioil also includes a revised inotor vehicle emissions budget 

(MVEBUfor the milestoile year 2008 that is updated using the latest EPA MOBILE6 invei~tory 

development tool. (Rule Project Nunlber 2006-030-SIP-NR) 

PubIic hearings on these proposals will be held at the following times and locations: January 29, 2007, 

2:00 p.m. and 6:00 p.m., Houston-Galveston Area Council, 3555 Tilnlllolls Lane, Houston; January 

31, 2007, 7:00 p.m., J. Erik Joilsson Central Library Auditorium, 1515 Youilg Street, Dallas; 

February 1, 2007, 2:00 p.m., Arlington City Hall Couilcil Chamnbers, 101 W. Abrains Street, 

Arlington; February 1, 2007, 6:00 p.m., Midloti~ian Confereilce Center, 1 Coininunity Circle, 

Midlothian; February 6, 2007, 2:00 p.m., Loi~gview Public Library, 222 W. Cotton Street, Longview; 

and February 8, 2007, 2:00 p.m., Texas Coinlnission on Environmental Quality, Building E, Rooin 

201S, 12100 Park 35 Circle, Austin. The hearings will be structured for the receipt of oral or written 

coinineilts by interested persons. Registration will begin 30 minutes prior to the hearings. Individuals 

inay present oral statements when called upon in order of registration. A time limit inay be established 

at each hearing lo assure that enough time is allowed for every interested person to speak. There will 

be no ope11 discussioil during the hearings; however, coillmission staff ine~nbers will be available to 

-discuss the proposals 30 minutes before the hearings. 
Persons planning to attend the hearings, who have special communication or other accom~nodation 

needs, should contact Jennifer Stifflemire, Air Quality Division (512) 239-0573. Requests should be 

made as far in advance as possible. 

Comments may be submitted to Joyce Spencer, MC 205, Texas Commission on Environmental Quality, 

P.O. Box 13087, Austin, Texas 7871 1-3087; or faxed to (512) 239-4808. All comments should 

reference the rule or SIP project numbers that they pertain to. Electronic comments inay be 

submitted at Izttp://www.5. tceq. state. tx. us. rules/econznze~lts. The comment period closes February 12, 

2007. Copies of the proposed rules can be obtained from the commission's Web site at 

Izttp://www.tceq.state.tx.us/~zav/rules/propose adopt.lztnz1. Additional information is available on the 

coinrnission's DFW Web site at ~zttp://w~tceq.stnte.tx.us/i~~zple~nerztntion/air/~ip/dfw.ht~~~l and the 

HGB Web site at Izttp://www. tceq. state. tx. us/i1~2ylenzentatio1z/air/sip/hgb. Iztnzl. For further information, 

please contact Ray Schubert, Air Quality Division, at (512) 239-6615. 

Issued in Austin, Texas, on December 13, 2006.