### i.tì., r.,r:'r,

KatlrleenHartnett \Nhite,Clta innatt Larr-y R. Soivard,

Commissirtner
GlennShankle,ExecutiueDireclor



# Tpxas CorørurrssroN oN

ENVIRoNMENTAL

QUALITy

?. Protecting Texasbg Reducittg and Preuenting Pollution'



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

June 13,2007

RichardE- Greene,

Regional

Adnrinistrator U.S.Environmental

Protection Agency- Region 6 1445 Ross Avenue Dallas. Texas 7 5202-2733 

# 3
Dear MayorGreene: 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.

Theserevisions include three components- The first component is a revision to the SIP for the HGB eight-hourozone nonattainment

a¡ea that includes additionalVoluntary 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, Controlof Ai¡ Pollution frorn Motor Vehicles. Theserules amend the definition of diesel fuel to include marine distillate fuels, requiring

thernto be compliantwith low emission diesel(LED) standards i¡ the HGB nonattainment area, and amend the compliance

schedule

for the infoduction of LED-compliantmarinediesel fuels into the HGB areacounties.

Lurtty, rhe commission

adopred new$ 1l5.ll0 and amendmenrs ros$ 115.1l2 - ll5.l17, I l5.l19, 115.541 - 1i5.547,

andl 115.549 of 30 Tex-Admin. CodeChapter ll'5, Conh'ol of Ai¡Pollution fromVolatile OrganicCompounds.Specifically, I the new sectionandamendúrents reduce emissions of volatileorganicconipounds (VOC) û'om VOC storage anddegassing I operationsby estabiishing lrore stringent controls for fittings on floating loof storage vessels, establishingcontrol I requiretnents

or operational lirnitationson landingfloating roofs,establislring control requirenrents for flashelnissions fi-om I crude oil and condensate

storage tanks, andestablishing nore stringent

control requirentents

for degassing

and cleaning ofJ storage, transpoll,and marinevessels.

Enclosed

are tlrese

proposed

revisions

to the SIP,a cornplete record ofthe public hearings. the accompanying

orders, anda public lrearing certification. I lookforward toyourexpeditious approval of these SIPrei,isiots. 

### o

L. 

## u

6 

### Þ _ Ðrn

rJ¡-rl 

## Þ-< -rrt EC3

v l l-t ú1 er¡ -13


### 6Jârë



# a'Å -jf l,¡f^,&

Kath leen Hannefi\À4lite Cha\nnan

KHWtlis

Enclosures ¡
cc: TheHonorable Rick Perr1,. Govenlor of Texas

Mr. Zal< CovaL- Offìce of Budget, Planning

arrd Policy,Offìceof theCovenlor 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 Commissionon EnvironmentalQuality Public Hearings January 29 and 31, and February 1,6, and 8,2007 Concerning Revisions to 30 TAC Chapter 11 5 Control of Air Pollutionfrom 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 Commissionon EnvironmentalQuality(commission) held public hearingsin Houstonon 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

revisionsto 30TAC Chapter 1 14,ControlofAir Pollution from Motor Vehicles; Chapter 115, Control

of Air Pollution from Volatile Organic Compounds; Chapter 117, Control of Air Pollution from
Nitrogen Compounds; and corresponding revisionsto 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

Additionalcopies of this hearing record are maintainedin the TCEQ centraloffice 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

Notificationto the public of the proposed revisionswas conducted by the following procedures:

1. Publication of notice of public hearings in the following newspaperson 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 December29, 2006, issue of the 

### Texas
Register (31 TexReg 10956).

4. Correspondenceforwarding 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 Healthand

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 EastTexas 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

EnvironmentalQuality

New Mexico Environmental
Department
Oklahoma Department of

EnvironmentalQuality



## U. S. Environmental ProtectionAgency

### Example 

## of Newspaper Classified Ad

Houston Chronicle,

## December 18,2006

NOTICEOF PUBUC HEARINGS BYTHE TEXAS COMMISSIONON ENVIRONMENTALQUALITY ON PIZEE&DTgE&IF~T"~TE fi~~~~~~~A~pOS~~L~ft AND

I I>-EN1 The commission is prowsins to pwalChapter 117.in its entirefv. md prowsing 2 newreformattedChapter117 Thlsproposed revealand refomattmsofCha ter 1li is necessaryto accommodat;' newproposedrulesforthealla as- or! WO~ ew hourozarf?attainmentdqmpsbtior! a@toprovideforMure potentialrulenskmg, aswellas ~rnpmveorganuahm of ex~stlne 

### rqlupn~nk The pmqosedrulernakii forthe Dallas-Fort Worfhe~gM-hourm a amnent-on wouldsuW ownersor operaton of stat~onary swrces of nitrogen oxide (NOx) Inthe Dallas. FortWorth e~ght-hour ozone nonattalnmentarm, as well as Inspectfiedcwntlesin the norfheast Texas area, to morestrksent ernlssion mtmlm~nitMing, testing, ~.ordkeeping,and rewrtimrequirements. (Ruk Proiect Nmber2006-034-117- 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 117pies,aswe1l.a~ local-level cmmlcmltwmltwmbythe NOR%% Texas Counal of Governments The attammentdernonstratmalso Includes 1999 base case and '2009 Murecase modelingand 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 ehionsinventories. (RuleWoied Nwnber2006-013-

-a, 

## ,.." The proposed Dallas-Fort Worth Eight-Hour Ozone Nonattainrnent Area Reasoyble FumrProgress [RFP) SIP revisiond~~+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 motorveh!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 communicationor oihw accommodation needs,shouldcontactJenniferStifRernlre, Aly Quality Divisian(512) 239-0573. Re~wSs nould be maoeasfar Inadvance as ms~ble

( IssuedinAum Texas, on December 13,2006 Ior plug; 30 TAC $116.110(a)and $116.1lha),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 RegionalOffice, 5425 Polk
,Houston, Texas 77023-1486, (713)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 intocornt 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 testimonyregarding proposed revisionsto 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and Chapter 117.Control of Air Pollution from NitrogenCompounds 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 publishedon November 29,2005. Under Federal Clean Air Act (FCAA), 42 United StatesCode, §§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 revisionsproposedto Chapter 11 7 implement the legislative mandate under House Bill (HB) %5, 79th Legislature,



## 31 TexReg 10956 December 29,2006 TexasRegister2005, which adds Texas Health and Safety Code 6382.0275, concerning Commission Action Relating to ResidentialWater Heaters, which requires certain actions of the commission regarding residential water heaters.
The commissionproposes to amend Chapter 1 14to include marine distillate fuelscommonly known as Marine Distillatefuel 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 limitationson landing floating roofs, establishing control requirementsfor flash emissions from crude oil and condensate storagetanks, and establishing more stringent control requirements for degassingandcleaningof 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 anew reformatted Chapter 117.Thisproposed repeal and reformatting of Chapter I17 is necessary to accommodatenew proposed rules for the Dallas-Fort Worth eight-hour ozone attainment demonstration and to provide for future potential rulemaking, as well as improve organization ofexisting requirements. Theproposed 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 ozonenonattainment area, aswell 

### as in specified countiesin the northeastTexas 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 commitmentsby the North Central Texas Council ofGovernments. The attainment demonstration also includes 1999base case and 2009 future casemodeling and is supportedby additionaltechnical work that shows decreasingNO, and VOC trends as a resultof 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, reLonablyavailable 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 SIPrevision includes locallevel NO, control commitmentsby 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-Brazoriaperiodic emissions inventory. (Rule Project Number 2006-027-SIP-NR) The proposed Houston-Galveston-Brazoria Eight-Hour Ozone NonattainmentArea Reasonable Further Progress (RFP)SIPrevisiondemonstrates thatthe RFP 15%reduction requirementwill bemetforthe analysisperiod of 2002 to 2008. This revision alsoincludesarevised motor vehicle emissions budget (MVEB) for the milestone year 2008 that is updated using the latest EPA MOBILE6 inventory development tool. (RuleProject 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, BuildingE, Room 201s. 12100Park 35 Circle, Austin. The hearings will be structured for the receiptof oral or written commentsby 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 orother 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 Theproposed 

### Houston-Galveston-Brazorianonattainrnentarea SIP re- Texas on vision documentsthe Drozressmade to attain the one-hourozone stan- Filed: December 15,2006



# . 

# - dard, documents steps toward attainment of the eight-hour ozone standard, and estimates 2018 as a reasonable target year for attainmentof 

# '

the eight-hour ozone standardin the HGB nonattainmentarea. Thepro- 

## Texas Health ServicesCommission posedrevision describes the two concurrentlyproposed rules in chap- ~~~i~~

### ofpublic 

## an^^ on mposed ~~di~~id payment 

## ~~e 

# I

IN ADDITION December 29,2006 

## 31 TexReg 10957to introduce pollutioncontrol 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, 382.011, 7, and 382.202. $114.319. Affected Courltiesarld bpliance Dates.

(b) 

## - (c) (No change.) 

# I (a) Affected persons inthe this section shall be in compliance listed insubsection (c)of this secticn title (relatingto Low Emission Diesel Limits; Registrationof 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-roadequipment.

tion facilities; and

ity to adopt. counties listed insubsection (b) of in accordance with the schedule with 

### $91 14.3 12

## - 114.317 of this



## . Standards; DesignatedAlternate
cers and Importers; ApprovedTest ng, and Reporting Requirements; Diesel Requirements), as applica14.6(7)(A) of this title (relatingto t may ultimately be used to power n engine in a motor vehicle or in

Filedwith 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 nonattainmentarea 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-hourozone 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 inthe HGB airshed. On September6,2006 (71 FR 52656), EPA publishedapproval 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 emissionscredit banking and trading program, and the discrete emission credit banking andtrading 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 reportedinthe El.Therefore,when TCEQ and its research partners began TexAQS II in May 2005, one of the study's primary goals was to identifyVOC emission sources that have been historically unreportedor underreportedin the El 

## CHAPTER 

## 1

## 15. CONTROL OF AIR and could potentially becontributingto the discrepancy between measured and reportedemissions. 

## POLLUTION FROM VOLATILE ORGANIC TexAQS I1 remote sensing VOC project results indicate that cer

## COMPOUNDS tain types of storage tank emissions, includingdegassing, 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 "I1115.541 

## - 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- portedor underreported landinglossemis&ons-alone GheHGB mental ProtectionAgency (EPA) as a revisiontothe state imple- area totaled approximately 7,250 tons in 2003. The proposed mentation plan (SIP). rulemakingwould reduce emissions from these sources as well



## PROPOSED 

## RULES December 29,2006 31 TexReg 10525as other sources of potentially unreportedtank 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 $115.1 1 O(1) would define Incompatible liquidas the term is used in proposed $115.112(d)(2)(H)(ii). The definitionis intendedto allowtank landings when necessary for change of service to a material that would be contaminated by the previously stored material. For example, a change inservice to gasoline with a lower Reid vapor pressure that must be performedto comply with applicable fuel requirements is considered an incompatibleliquid. 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 $115.11O(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 inthe HGB areathat 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 movedto proposedsubsection (d) to be at the same location as new provisionsthat will apply to tanks in the HGB area. Proposed$115.11 2(d)(2) would changethe control requirements for tank fittings. Proposed $115.112(d)(2)(A)would specify that all openings in an internalor external floating roof except for automatic bleeder vents, rimspacevents, 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 requireboth meansof control, and would also specify that the cover, seal, or lid must be equipped with a working gasket. With only a projectionbelow 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 openingfrom the atmosphere will reduce the VOC emissions arising from fitting losses. Proposed $115.1 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 $115.1 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 $115.1 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 specifiesthe use of the slotted membrane fabric cover; the proposed rule would allow the use of other controls. Controls other than slotted membranefabric covers are allowed by EPA regulations and can provideequivalent or superior emission reduction performance. Examples include weighted ball or ball in cage type controls. The proposed rulewould also specifythat the requirement does not apply to stub drains on internalfloating 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 controlson these stub drainswould provide minimal, if any, reduction in VOC emissions. Proposed$115.112(d)(2)(E) states that there must be novisible holes, tears, or other openings in any seal or seal fabric. Proposed$1 15.112(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 identicalto current requirements in $115.112(a)(2)(E) and $115.112(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 includingthe tank size and material stored. As an example, a 100-foot diameter externalfloating roof tank with 4,000,000-gallon capacity that stores gasoline with a Reid vapor pressureof 9 and has 25 turnovers per year with an uncontrolled slotted guidepole would have 11.85tons annualVOC emissionsfrom the guidepolealone 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 guidepolealone and 6.6 tons total annual tank VOC emissions. For this case, controlling the slotted guidepolewould 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 5115.112(d)(2)(H) would limit the circumstances under which tank landings are allowedtotimeswhen the landing is necessary either to carry out required inspections or maintenance, or to support a change in service to a liquidthat is incompatiblewith 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 landingsthat are for the purposes of inventory control (also known as convenience landings)would not be allowed unless vapors are routedto 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 

## TexReg10526 December 29,2006 TexasRegisterand 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 requiredto be equipped with floating roofs. As an alternative to the proposed requirements of $115.112(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 appropriatemechanism 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 includeany increase in emissions due to tank landings that would otherwise be prohibited under proposed $1 15.112(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 15.112(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 condensatetypically 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 additionto methane and ethane, and may also entrain VOC from the stored liquid. In many cases, these gases can be economically routed to a vapor recoverydevice so that the energy content can be recovered for use at the production site or the gas can becompressed and routedtothe sales line. If thevolume of gas is sufficient,the capitalcostforthese vapor recovery devicescan be repaid ina short time becauseof the high value of the recoveredgas. The 25 tpy threshold for control was chosen because it defines.the major
source levelfor severe nonattainment areas. The HGB areawas classifiedas 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 representsthe maximum emission rate at which a site would be authorized to operate undera permit by rule (PBR). The 25 tpy threshold would apply to an individualtank or to an aggregationof 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 connectedtanks beconsideredincomparison to the 25 tpy threshold. The commissionseeks comment on the proposed25 tpy threshold and on how the aggregate emissions from a tank battery should be considered. The proposed rule gives several options for estimatingthe uncontrolled flash emissions. The methods are based on estimating an emission factor interms of poundsof VOC emitted per barrel (Ibhbl)of oilor condensate produced. Railroad Commission regulations in lltle 16 $3.58(b) require producers to file a monthly reportof 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 ProcessorsAssociation Method2286, 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'usedto 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 poundsof VOC per barrel. Instead of making direct measurements, the owner or operator can use default emission factors of 33.3 Ibhbl of condensateor 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 H51C. For crude oil, owners or operators can use a chart found as Exhibit2 of the EPA publicationLessons Learnedfrom Natural Gas STAR Partners: Installing VaporRecovery Units on Crude OilStorage Tanks,October 2003, to estimatethevolume of flash gas per barrel of oil. The VOC mass emission rate can then bedetermined by assumingthat the hydrocarbon vapors have a molecularweight 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 appropriatecomputer simulation or other method approved by the executive director. These options are specified to minimizethe 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 thanthe default emission factors or chart, the higher rates must beused. The commissionseeks comment onthe 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 emissionsfrom 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 andchemical plants can generate liquids containing dissolved gases that will flash when the liquid is routed from higher pressure equipment to an atmosphericstoragetank. 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 CompilationofAir Pollutant Emission Factors (AP-42) to calculateemissions from storage tanks do not includeemissions from flash. Unlessthese flash emissions have beenseparately estimated and includedin best available control technology and health effects reviewsdur

## PROPOSE'D RULES December29,2006 31 TexReg 10527ing 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 compliancewith the 25 tpy limit by direct measurement. The use of a mass flow meter, positivedisplacementmeter, or similar device is proposed for determiningflashgas flow rate. Conventionalpitottube or orifice platetechniques may not be appropriatefor the relatively low flow ratesfromoiland condensatestoragetanks. Flow measurements would be made over a 24-hour period representativeof normal operation while the producing well is operationalto 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 ProcessorsAssociation Method2286, Tentative Method of ExtendedAnalysis for Natural Gas and Similar Mixtures by Temperature Programmed Gas Chromatography. The commission is seeking commentson these proposed measuring instruments and test methods. Proposed~115.116(c)(l) would specify that ownersor operators of storagetanks that are not requiredto beequipped with a floating roof or vapor recovery system because the vapor pressure of the stored material is less than 1.5 psiashall 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 belowthe 25 tpycriteria for exemptionfrom 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 proposedamendment 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. Proposed5115.11 9(c) would specify that compliance with the requirementsof §§115.112(d), 115.115(c), and 115.116(c) must be achievedby January 1,2009. Tanks with a nominal capacity less than 210,000 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 compliancewith the new requirements would necessitate emptying and degassingthe tank, compliancewould not be required until the next time the tank is emptiedor degassed but not later than Januarv 1.2017. Additional emissions that would arisefrom emptying and degassing a tank could negate the benef~ of the emission controlsandsowould not be requiredsdelv 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 laterthan ten years from the date these rules are adopted. The commission anticipatesthat most, if not all, of the required control equipment can be put into place without taking the tank out of service. Subchapter 

### E Miscellaneous IndustrialSources
Division 3. Degassing or Cleaning of Stationary, Marine, and Transport Vessels The proposed changeto 5115.541 (a)(l)specifiesthat after January 1,2009, the degassing control requirementswould applyto storage tanks in the HGB areawith a nominalcapacity 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 requiredto employ vapor recoveryduring 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 9115.542(a)(6)would specify new criteria for controlof 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 untilthe 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 continueto bea source of VOC emissions after thefour 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 inthetankthe 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 periodicallywhile the tank is vented to the atmosphere to ensure that it remains below 34,000 ppmv. Ifventilation is continuous, the concentration must be measured at least once every 12 hours. If ventilation ceases for morethan 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 requirementsapply inthe HGB areaonly untilJanuary 1, 2009. Proposed 5115.542(b)(5) would specify new criteria for control of degassing vapors from marinevessels 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'fordegassing vapors f rom marinevessels for thesame reasons discussedfor the proposedchangeto



## 31 

## TexReg 10528 

## December 29,2006 TexasRegist'5115.542(a)(5) and proposed 5115.542(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 bevented tothe 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 monitoringof VOC concentrationwith a gas chromatograph(GC) or requiringthat concentration measurementsbe made with Test Methods 25, 25A, or 258 would impose a disproportionatecost 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 determiningwhether a vessel has been effectively degassed. The measurement should be made at the head space of the vessel, as close as possibleto the tank bottom to ensure that the concentration measurement is representative of actual conditions. The commissionisseeking comment on the proposed frequencyand 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 untilthey reach the criteriato be released to the atmosphere. A change to §115.547(2) is proposedto statethat after January 1,2009, storage tanks inthe'HGBareawith a nominal capacity of less than one million gallons but greaterthan or equalto40,000 gallons will no longer be exempt from the requirementsto control degassingemissions. As discussedearlier in this preamble, degassing emissionsfrom these smaller tanks can be controlled with technology similar to that used to control degassing emissionsfrom 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 meaningof the exemption. Proposed §115.549(d) would specify that compliance with the new and revised requirements must be achieved by January 1, 2009. The HGBarea is requiredto submit a SIP revision byJune 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, forthefirst five-year periodthe proposed rulesare in effect, nofiscal implications are anticipatedfor the agency or other units of stateor localgovernmentsas a result of administration or enforcementof the phposed rules. The proposed rules affect owners or operators of storagetanks, transport vessels, and marinevessels 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 expectedto 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. Inthose cases, compliance would be required the next time the tank is emptied and degassed but no laterthan 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 naturalgas productionsites) to upgradecontrolsalso. Flash emissions would also haveto be controlled, and vapor recovery or other controlequipmentwould haveto be installed if VOC emissions from a singletank or tank battery exceed25 tpy. The proposed changestodegassing rules forthe HGBarea would affect ownersloperatorsof storage tanks, transport vessels, marinevessels, andfacilities that clean transport and marinevessels. Currently, storage tanks with capacities between 40,000 and 1 million gallons are exempt from degassingcontrol requirements.The proposedruleswould change the criteriafor 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 operatingcosts. The proposedrules 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 anticipatedfrom the changes seen in the proposed ruleswill 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. Operatingcosts 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 beaffected by the proposed rule changes requiring more stringent control of VOC emissions from tank ffitings. There are 86 storage terminalsthat 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 controlflash emissions is unknown. Accordingto Railroad Commission data there are 2,260 active oil wells and 1,091 natural gas wells in the HGB area as of September2006. A tank battery may serveone or multiple wells. Tanks at petroleum refineries and at pipelineterminals 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 10529manyfacilitieswould already have the instrumentfor use in leak detection and repair programs. There are more than 4,000 fixed roof and 1,000 floating roof tanks between40,000 and one milliongalloncapacitythat could be requiredtoemployvapor recoveryduringtank degassingas a result of the proposed rules. There are 865 fixed roof and 1,250 floating roof tanks with capacitiesof one million gallons or more that may have to use control equipment for a longer time periodduring degassing becauseofthe proposedrules. Tanks are generally expectedto be degassed once every five to ten years. The actual number of tanks that would be affected is unknown becausethe 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 materialswith vapor pressures belowthe 0.5 psia cutoff. Transportvessels are less likelyto be impactedsignificantly by the proposed rules becausethey are less likelyto have residual liquid prior to degassing. These vessels would thus be less likelyto be requiredto degasfor a longer time periodto meetthe 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 guidepoleson floating roof tanks with controls are $10,000 per tank. These are one-time costs. Costs for limitingtank landings will depend on whether the site choosesto revise operating practicesto limit the useof 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-BUSINESSASSESSMENT Noadversefiscal implicationsare anticipatedfor 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 marinevessels, then itwill incurthe same costs as those incurredby a large business. LOCAL EMPLOYMENT IMPACTSTATEMENT The commission has reviewed this proposed rulemaking anddetermined 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 IMPACTANALYSIS 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 inthat statute. A "major environmental rule" is a rule the specific intent of which is to protectthe 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-hourozone 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 inthe Texas Government Code. Texas GovernmentCode, 52001.0225 applies only to a major environmental rule the result of which isto: 1)exceed a standard set byfederal law, unlessthe rule isspecifically required bystate law; 2) exceedan 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 designedto 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 Healthand 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, 59382.011, 382.012, and 382.01 7. Therefore, the proposed rulemaking does not exceed a standard set by federal law, exceed an express requirementof state law, exceed a requirementof a delegation agreement, nor is adopted solely under the general powers of the agency. Based upon the foregoing, this rulemaking action is not subject tothe regulatory analysis provisions of Texas GovernmentCode, 92001.0225. The commission invites public comment on the draft regulatory impact analysis determination. TAKINGS IMPACTASSESSMENT Under Texas Government Code, 52007.002(5), "taking" means a governmental action that affects private real property, inwhole or inpart ortemporarily or permanently, ina mannerthat requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the UnitedStates Constitutionor517or$19, Article I, Texas Constitution; or a governmental action that affectsan 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 restrictsor limitsthe owner's right to the propertythat would otherwise exist in the absence of the governmental action; and is the producingcause of a reduction of at least 25% inthe 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 TexReg10530 December 29,2006 TexasRegThe commission completeda takings impact assessmentfor the proposed rules. The proposed rules will not affect private real property in a manner that would requirecompensation to private real propertyowners underthe United States Constitutionor the Texas Constitution. The proposal also will not affect private real property in a mannerthat restrictsor limitsan owner's righttothe property that would otherwise exist in the absence of the governmental action. Therefore, the proposed rules will not cause a taking underTexas 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 accordancewith 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) and31 TAC 5505.11(b)(2), relatingtoActions 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 consistentwith the applicableCMP 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 (31TAC 5501.12(1)). No new sources of air contaminantswill beauthorizedandthe proposed ruleswill maintain at least the same levelof or increase the level of emissionscontrol as the existing rules. The CMP policy applicableto 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 ImplementationPlans. Therefore, in accordance with 31 TAC 5505.22(e), thecommissionaffirmsthis rulemaking action is consistent with CMP goals and policies. The commission solicits commentson theconsistency of the proposed rulemaking with the CMP during the public comment period. EFFECTON SITESSUBJECTTO THE FEDERALOPERATING PERMITS PROGRAM The requirementsof Chapter 115 are applicable requirements of 30 TAC Chapter 122. Owners or operators of sites subject to the Federal Operating Permit Programwill be required to obtain, revise, reopen, and renew their Federal Operating Permits, as appropriate, inorderto includethe requirementsof this proposed rulemaking, if it is adopted by the commission. ANNOUNCEMENT OF HEARINGS The commission will hold public hearings on this proposal at the followingtimes and locations: January 29, 2007, 2:00 p.m. and 6:00 p.m., Houston-Gaiveston Area Council, 3555Timmons 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 Commissionon EnvironmentalQuality, 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 discussionduringthe hearings; however, commission staff members will be available to informally discuss the proposal 30 minutes beforethe hearings. Persons planning to attend the hearings who have special communicationor other accommodationneeds, shouldcontact 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 rulescan be obtained from the commission'sWeb 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, 55.103, concerning Rules, and 55.105, 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, 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 authorizesthe 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; Examinationof 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 con

## PROPOS'ED RULES December 29,2006 31 TexReg 10531trol 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 (relatingto Storageof VolatileOrganic Compounds), have thefollowing meanings, unless the context clearly indicates otherwise. Additional definitions for terms used in this division are found in $93.2. 101.1,and 1 15.10of this title (relating to Definitions). 

### II) Incompatible liquid--A liquid that is a different chemical compound or a fuel with differentregulatory 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 combinationof these extractedproducts from several production wellsforaccumulation and separationpriorto 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 sufficientat all times to prevent any vaporor gas lossto the atmosphere,or is equipped with at least the control device specified in Table I(a)of thisparagraph for VOC other than crude oil and condensate,or Table II(a) of thisparagaph for crude oil and condensate. Figure: 30TAC $115.1 12(a)(1) [~3e~~] (2) For floatingroof 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 systemsused as a control deviceon 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 HoustodGalvestonlBrazoriaarea the follow6requirements apply.
No person shall place, store, or hold in any stationary tank, reservoir,orother containerany VOC unless such containeris capable of maintaining workingpressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or isequipped with at least the control device specifiedin 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 floatingroof storage tanks subjectto the provisions of paragraph (1)of this subsection,the following requirementsapply.
All openinp in an internal or externalfloating 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 floatedoff 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 supportsor atthe 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 subjectto 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 continuousfrom 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 andtank wall mustbeno greaterthan 1.O squareinch 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 floatingroof 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 (Includingchange in service to a gasoline with a lower Reid vaporpressure to comply with applicable requirements);
J'EJ when the tank has a capacityof less than 25.000 gallons orthe vaporpressure of the material stored is less than 1.5 psia;



## 31 TexReg 10532 December 29,2006 Texas Registerwhen 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 emissionsfrom roof landings, have been included in a sitewidefloating roofe tank emissions cap approved under Chapter 116 of this mrelatingto Control of Air Pollutionby Permits forNew Construc

## tion value is not increased to account for emissionsfrom landings that would otherwise be prohibited. (3J Vapor recovery systemsused as a control deviceon any stationary tank. reservoir, orother 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 emissionsmust 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 condensateproduced or 1.6 pounds of VOC per barrel of oil produced;
for crude oil storageonly. using the chart in Exhibit 2 of the United States Environmental Protection Agency publication Lessons Learnedfrom Natural Gas STAR Partners: Installing Vapor Reco1ret-pUnitsor1 Crude Oil Storage Tarlks,October 2003, and assuming that the hydrocarbon vapors have a molecular weight of 34pounds 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 methodsofdemonstrating and documenting continuous compliance with the applicablecontrol requirements or exemption criteria in this division (relatingoe of Volatile Organic Compounds) may be approvedby theexecutive director in accordancewith 31 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 floatingroof 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 accumulatedon 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 60days 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 60days and if the storage tank cannot be emptied within 60days, 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 withjurisdiction. Each request for an extension 

## must [MI include a statement that alternate storage capacity is unavailable and

a schedulethat will assure that the repairs will be completed as soon as possible. (2) For external floating roof storage tanks, the secondary seal gap 

## must [MIbe physically measured at least once every 12 months to insure compliance with 51 15.112(a)(2)(F) @ 1115.112(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) of this title, within 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank in accordance with $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 60days, 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
owneror operator shall submit a copy to any local air pollution control program withjurisdiction. Each request for an extension 

## must [W] ~nclude a statement that alternate storage capacity is unavailable and

a schedulethat 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 $ 115.1 12(a)(2)(n $1 15.112(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 compliancewith 5 115.1 12(a)(2)(E)and (F) and (d)(2)(E&mJ [+!*2@0-@)] of this title. If the external floatingroof is not resting on the surfaceof 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 60days 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 30additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollutioncontrolprogram withjurisdiction. 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 3115.1 12(a) and (d)of this title (relating to Control Requirements)

### must [W] be determined by applyingthe following test methods, as appropriate: (1) Test Methods 1-4 (40 Code of Federal Regulations (CFR)Part 60, Appendix A) for determiningflow rates, asnecessary; (2) Test Method 18 (40 CFR Part [€Meef 

### FdedkguMer~] 60, Appendix A) for determining gaseous organic compound emissionsby gas chromatography; (3) Test Method 22 (40CFR 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&dReg- &#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 concentrationsusing 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.)
Forthe HoustonlGalvestonlBrazoriaarea.compliancewith 51 15.112(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 representativeof normal operation while the producing well is operational forflow measurementsof 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 (relatingto Exemptions)and 

### & used to store volatile organiccompounds (VOC) with a true vaporpressure greater than 1.0pounds per square inch absolute (psia) [@a](6.9kilo PascalskPa) 

## [&I) at storage conditions shall maintain records of the type of VOC stored and the averagemonthly true vapor pressure of the stored liquid. (2) The results of inspectionsrequired by $1 15.1 14(a) of this title (relating to InspectionRequirements)

### 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 centimetersper meter) of tank diameter. These calculated reportable emissions (Tr)

### must [W]be reported in the annual emissionsinventory submittal required by § 101.10 of this title (relatingto EmissionsInventory 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 ofAir PollutantEmission Factors(AP-42)[MI Calculation (convert to poundslday). (I) 

## - (J) (No change.) (3) (No change.) (4) The resultsof any testingconducted 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 fortwo years and be made available for review upon request by authorized representatives ofthe executive director, United States Environmental Protection Agency (EPA) [EM], or local airpollution control agencieswithjurisdiction. (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 owneroroperatorof any storagevessel with afixed 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 recordsof the type of VOC stored. the length of time the material is stored,and the true vapor pressure at the averagemonthly storage temperatureof the stored liquid. This requirement does not apply to tanks with nominal storagecapacity 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 operatorof 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 documentthat the uncontrolledemissions are less than 25 tonsper year. The records must be updated annually and must be made available for review within 72 hours upon request by authorized representatives of the executivedirector, EPA, or local air pollution control agencies with jurisdiction. Proiected emissions for the next year must be calculated within 30days of the request by authorized representatives of the executive director,EPA, or 

### locala&poljH~n control aggn~ieswithjur~s, diction. $115.117. 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 requirementsof this division (relatingto [&el Storage of Volatile Organic Compounds). (2) Crude oil and condensate stored in tanks with a nominal capacity less than 2 10,000gallons (794,850 liters), prior to custody transfer, is exempt from the requirementsof 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) Awelded tank with amechanical 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 forretrofittingwith a rim-mountedsecondary seal if the shoe-mounted secondary seal was installedor scheduledforinstallation beforeAugust 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) (Nochange.) $115.119. Colinriesand Compliance Schedules. (a) - (b) (Nochange.) Theowner oroperator 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. 115(c), and 1 15.116(c) of this title (relating to Control Requirements; Approved Test Methods; and Monitoring and Recordkeeping Requirements) assoon aspracticable. 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 ordegassedbut no laterthan January 1,201 7. Theowner or operator of each stationary tank with a nominal capacity lessthan 210.000 gallons (794,850 liters) storing crude oil andcondensateprior to custody transfer in Brazoria, Chambers, Fort Bend, Calveston, Harris, Liberty, Montgomery. and Waller Counties shall comply with the requirements ofthis division as soon aspracticable but no later than January I, 2009. Thisagencyherebycertifiesthattheproposal hasbeen reviewed by legal counselandfoundtobewithin theagency's legal authority toadopt.

Filed with the Office 

### of the Secretary 

### of Stateon 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: (512) 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, 

### 95.103, 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 standardsin particular areas

### of the state. Theproposed amendmentsimplement 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 storagecapacity ofone million gallonsor more and after January 1, 2009, storage tanks in the HoustodGalvestoll/Brazorlaacity of 40,000 gallons

or more. (A) No person shall permit VOC emissionswith 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 areprocessed by a vapor control system. (B) The vapor control system 

## must [shall] maintain a control efficiency of at least 90%. (C) When conductingdegassing orcleaningoperations, no avoidable liquid orgaseousleaks, asdetected by sight orsound, may [shall] originate from the degassing or cleaning operations. 

### (D) The intentional bypassing of a vapor control device used during degassing or cleaning isprohibited. Any visible VOC leak originating from the vapor control device or other associated product recovery device 

### must [shall] be repaired assoon aspractical. (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 avoidableliquid orgaseous leaks, asdetectedby sightorsound, may [W] originate from the degassing orcleaning operations. (D) Theintentional bypassing of a vapor control device used during degassing orcleaning 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.

- - 

## PROPOSEDRULES 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 10,000barrels (420,000 gallons)or more and containVOCs. (1) No person shall degasor clean atankthat carried aVOC 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 systemmust [W] maintain a control efficiency of at least 90%. (3) When conducting degassingor cleaning operations, no avoidable liquid or gaseous leaks, as detectedby sight or sound. may [W] originate from the degassing or cleaning operations. (4) The intentional bypassing of a vapor control device used during degassingor 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, containingVOCs 

### 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. ControlRequirements. (a) For all persons in the BeaumontlPort Arthur, DalladFort Worth. El Paso, and Houston/Galveston/Brazoria areas as defined in $1 15.10of 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 transportvessel with a loading arm equippedwith 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 degassingor 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 equipmentmust [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 [VapwsW] 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] (19,000parts 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 concentrationbefore 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 concentrationremains below 34,000ppmv as methane. The VOC concentration must be measured once every 12hours 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 adapterand the hatch, or anegative 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 deviceuntil the marine vessel is stripped VOC liquid-free and aturnoverof at leastfour vapor space volumes has occurred, the partial vapor pressureis lessthan 0.5 psia (19.000 ppmw, or 34,000ppmv expressed as methane),orthe concentrationof 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 atmospherefor 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-ea--- sured VOC concentrationbefore 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

-~ -. remainderof the degassingor cleaning processprovided that the VOC concentration remainsbelow 34,000 ppmv asmethane. TheVOC concentration must be measured once every 12hours 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 ControlRequirements. 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 approvedby 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 Reg3115.544. 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 degassingor 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 bypassingof avaporcontrol device during cleaningor degassing is prohibited.
3115.545. Appmved Test Methods. For the Beaumont~Port Arthur, DallaslFortWorth. El Paso, and Houston/(jalveston/Brazoriaareas, compliancewith $ 115.541 and $ 1 15.542 of this title (relating to Emission Specificationsand 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 determiningflow rates; (2) Test Method 18(40 CFR 60, Appendix A) for determining gaseous oganic compound emissions by gas chromatography; (3) Test Method 25 (40CFR rag60, Appendix A) for determiningtotal gaseousnonmethane organic emissionsas 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, addl (effectiveFebruary 14, 1989) for determining compliance for bulk gasoline terminals; (6) Test Method 21 (40CFR 

## 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 accordancewith API Publication 2517, Third Edition, 1989; (8) Test Method 27 (40 CFR 60, Appendix A) for determiningtank-truck leaks; (9) 40CFR §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 executivedirectors [;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 instrumentlFIDmust meet all requirements specified in $8.1 of United States Environmental ProtectionAgency 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) arecord of the type and number of all transport vessels, stationaryVOC 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 

### HoustodGalvestorJBrazoriaareas as defined in § 1 15.10 of this title (relatingto 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) Degassingor cleaning any transport vessel with anominal storage capacityof less than 8,000 gallons, or any stationaryVOC storagetank with a nominal storage capacityof 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 TexReg10537This agency herebycertifiesthat the proposal has been reviewed by legalcounsel and found to bewithinthe 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 Commissionon 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 POLLUTIONFROM 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. Inadditiontothe proposed proposed rulemakingwould im Bill (HB) 965. Duringthe 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 precursors from the Hous

# I

31 TexReg 10538 December 29,2006 TexasRegister

### Figure: 30 TAC § 

### 115.112(a)(l)



## TABLESAND 

## GRAPHICS December 29,2006 31 

## TexReg 10897 Table I(a) 

### REQUIRED CONTROL FOR STORAGETANKS FOR VOC OTHER THAN CRUDE OIL 

### AND CONDENSATE

True Vapor Pressure of Nominal Storage Emission Control Compound at Storage Conditions Any 

### None 11,000gal* (3,785 L*) None

Internal or external



### 11.5 psia (10.3 kPa) and

< 

### 11psia (75.8 kPa)



### >40,000 gal (151,416L) Internal floatingroof

or External floatingroof with primary seal (anytype) and secondaryseal

or vapor recovery system

21

### 1psia (75.8 kPa) 

# I s1,000 gal (3,785 L) 

# 11 None



### > 1,000 gal (3,785L) Submerged fill pipe



### > 25,000 gal (94,635

### L)

Cpsia=pounds per square inch absolute, *kPa=kiloPascals, *gal=gallon, *L=Liter

### Table Tlfal 

# 11 

# li - ---- -- - 

### REQUIRED CONTROLDEVICES FOR STORAGE TANKSFOR 

# i l

CRUDE

True Vapor Pressure of Compound at Storage Conditions



### < 1.5 psia* (10.3 Pa*)

11.5psia (10.3 Pa) and

< 

### 1

### 1psia (75.8Wa)



# I

11 1psia (75.8 Pa) Emission Control Requirements 

# 1 Anv 

# I None 

## )IL AND CONDENSATE

I 

# - I Sl,OOO gal* (3,785 L*) 

# 11 None 

# I

> 

### 1,000gal (3,785 L) Submergedfill pipe

Internal floatingroof

or External floating roof with 

### primary seal (any type) and secondary seal

or vapor recovery system


# '1 4,000gal (3,785 L) 

# I > 

### 1,000 gal (3,785 L) Submerged fillpipe

I 

# I *psia=Poundsper square inch absolute, *kPa=kiloPascals, *gal=Gallon, *L=Liter



## 31 

## TexReg 10898 December 29,2006 TexasRegister

### 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 andPt-euentirlg Poiiufio~z 

## NOTICE OFPUBLIC HEARINGS BY THE TEXAS COMMISSION ON

## ENVIRONMENTAL QUALITY ON PROPOSED REVISIONS TO30 TAC CHAPTERS 114,115, AND 

## 117, AND TOTHE 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 implementatioilplan (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~ltarea 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~ianConfereilce 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 -discussthe 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 inAustin, Texas, 

## on December 

## 13, 

## 2006.