### 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 includesadditionalVoluntary 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

andcleaning 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 OFTRAVIS

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 ofthis hearing record are maintainedin the TCEQ centralofficeat 12100 Park 35 Circle, Austin, Texas 78753. For further information, please contact Teresa Hurley at (51 2) 239-
531

## 6.

# STAFF RECOMMENDATIONS

## SUBCHAPTER

## B: GENERAL VOLATILE ORGANIC COMPOUND SOURCES
DMSION 1: STORAGE OF VOLATILE ORGANIC COMPOUNDS $§115.110, 115.112 

# - 115.117, 115.119



## STATUTORY AUTHORITY
The amendments and new rule are adopted under Texas Water Code, $5.102, concerning General
Powers, 55.103, concerning Rules, and 55.105, concerning General Policy, that authorizethe
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 adopted under Texas
Health and Safety Code, 5382.002, concerningPolicy and Purpose, that establishes the commission's

purpose to safeguard the state air resources, consistent with the protection of public health, general welfare, and physical property; 5382.011,

## concerning General Powers and Duties, that authorizes the
commissionto control the quality of the state's air; 5382.012, concerning StateAir Control Plan, that
authorizes the commission to prepare and develop a general, comprehensiveplan for the control of the
state's air; 5382.014, concerning Emission Inventory, which authorizes the commission to require the
submission of information concerningthe emission of air contaminants; and 5382.016, concerning Monitoring Requirements; Examination of Records, which authorizes the commission to require owners
and operators of emission sources to maintain measuring and monitoring records and make such records
available to the commission. The rules are adopted under federal mandates contained in 42 USC, 57410,
that require states to introduce pollution controlmeasures in order to reach specific air quality standards
in 

## particular areas of the state.

## The adopted amendments and new rule implement Texas Health and Safety Code, 55382.002, 382.01 1, 382.012, 382.014, and 382.016.

The following words and terms, when used in this division (relating to Storageof Volatile Organic Compounds), have the following meanings, unless the context clearly indicates otherwise.
Additional definitions for terms used in this division are found in $83.2, 101.1, and 115.10of this title (relating to Definitions).

(1) Deck cover--A device that covers an opening in a floating roof deck. Some deck

covers move horizontally relative to the deck (i.e., a sliding cover).

(2) Flexible enclosure system--A system that includes all of the following: a flexible
device that completely encloses the slotted guidepole and eliminates the hydrocarbon vapor emission pathway from inside the tank 

## through the guidepole slots to the outside air; a guidepole cover at the top
of the guidepole; and a well cover positioned at the top of the guidepole well that seals any openings
between the well cover and the guidepole (e.g. pole wiper), any openings between the well cover and

any other objects that pass through the well cover, and any other openings in the top of the guidepole
well.

(3) Incompatible liquid--A 

## liquid that is a differentchemical compound, a different chemical mixture, a different grade of liquid material, or a fuel with differentregulatory specifications

## provided that the chemical compound, chemical mixture, grade of liquid material, or fuel would be
unusable for its intended purpose due to contamination from the previously stored liquid.

(4) 

## Internal sleeveemission control system--An emissions control system that includes
all of the following: an internal guidepole sleeve that eliminatesthe hydrocarbon vapor emissionpathway
from inside the tank 

## through the guidepole slots to the outside air; a guidepolecover at the top of the guidepole; and a well cover positioned at the top of the guidepole well that seals any openings between
the well cover and the guidepole (e.g. pole wiper), any openings between the well cover and any other objects that pass through the well cover, and any other openings in the top of the guidepole well.

(5)Pipeline breakout station--A facility along a pipeline containing storage vessels used

to relieve surges or receive and store crude oil or condensate from the pipeline for reinjection into the pipeline and continued transportationby pipeline or to other facilities.



## (6)Pole float--A float located inside a guidepole that floats on the surface of the stored liquid. The rim of the float has a wiper or seal that extends to the inner surface of the pole.

(7) 

## Pole sleeve-A device that extends from either the cover or the rim of an opening in

a floating roof deck to the outer surface of a pole that passes through the opening. The sleeve extends
into the stored liquid.

(8) 

## Pole wiper--A seal that extends from either the 

## cover or the rim of 

## an opening in a floating roof deck to the outer surface of a pole that passes through the opening.

## (9) Slotted guidepole--A guidepole or gaugepole that has slots or holes through the wall
ofthe pole. The slots or holes allow the stored liquid to flow into the pole at liquid levels above the
lowest operating level.

(10) Tank battery--A collection of equipmentused to separate, treat, store, and transfer crude oil, condensate, natural gas, and produced water. A tank battery typically receives crude oil, condensate, natural gas, or some combination of these extracted products from several production
wells for accumulation and separationprior to transmission

## to a natural gas plant or petroleum refinery. A collection of storage 

## tanks at a pipeline breakout station, petroleum refinery, or petrochemical plant is

not considered to be a tank battery.

0115.112. 

## Control Requirements.

(a) For all persons in the BeaurnontIPortArthur, DallasIFortWorth, El Paso, and until January 1, 2009, in the 

## Houston/Galveston/Brazoriaareas as defined 

## in $115.10 of this title (relating to Definitions), the following requirements apply.

(1) 

## No person shall place, store, or hold in any stationary tank, reservoir, or other
container any volatile organic compound (VOC) unless such container is capable of maintaining working

pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is equipped with at
least the control device specified in Table I(a) of this paragraph for VOC other than 

## crude oil and condensate, or Table II(a) of this paragraph for crude oil and condensate.

## Figure: 30 TAC 

# 5115.112(a)(l)



# I

" ~ 

## Table I(a) REQUIRED CONTROLFOR STORAGE TANKS FOR VOC OTHER THAN CRUDE 

## OIL AND CONDENSATE 

# I True Vapor Pressure Emission Control of Compound at Storage Conditions Capacity Requirements None



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

2 

## 1.5psia (10.3 Pa) and 

## < 11psia (75.8 Pa)
External floating roof with 

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

## and 5 

## 40,000 gal (151,416

## L) 

# 7

I 

## 11psia (75.8 Pa) Internal or external floating 

## roof (anytype) or 

## recovery system Internal floating roof



# I 

# I *psia=pounds per square inch absolute, *Pa =



## kilo Pascals, *gal=gallon, *L=

## Liter

## (2) For floating roof storage tanks 

## subject to the provisions of paragraph (1) of this subsection, the following requirements apply. Table II(a) 

## REQUIRED CONTROL DEVICES FOR STORAGETANKS FOR CRUDE OIL AND CONDENSATE

(A) All openings in 

## an internal or external floating roof except for automatic True Vapor Pressure of Compound at Storage Conditions Capacity 

## < 1.5psia* (10.3 kPa*) 

# 1 Any Emission Control Requirements 

## None

2 

## 1.5psia (10.3 kPa) Internal floating roof



## < 1 1 psia (75.8 kPa) External floating roof with

vapor recovery system



# 1 I 

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

# I None

3 

## 1 1psia (75.8 kPa)



# 1 *psia=

## Pounds per square inch

.A 

## absolute, - - 

## *kPa=

## kilo Pascals, *gal=

## Gallon, *L=

## Liter

## bleeder vents (vacuumbreaker vents) and rim space vents must provide a projection below the liquid
surface or be equipped with a cover, seal, or lid. Any cover, seal, or lid must be in a closed (i.e., no visible gap) position at all times except when the device is in actual use.



## (B)Automatic bleeder vents (vacuumbreaker vents) must be closed at all times
except when the roof is being floated off or landed on the roof leg supports.



## (C) Rim vents, if provided, must be set to open only when the roof is being
floated off the roof leg supportsor at the manufacturer's recommended setting.

(D)

## Any roof drain that empties into the stored liquid must be equipped with a
slotted membrane fabric cover that covers at least 90%

## of the area of the opening.



## (E) There must be no visible holes, tears, or other openings 

## in any seal or seal
fabric.



## (F) For external floating roof storage

## tanks, secondary seals must be 

## the rimmounted type (the seal must be 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 and 

## tank wall must be

no greater than 1.0 square inch per foot (21 squarecentimeters permeter) of 

## tank diameter.

(3) Vapor recovery systems used 

## as a control device on any stationary tank, 

## reservoir, or
other container must 

## maintain a minimum control efficiency of 

## 90%.

### (b) 

### For all persons in Gregg, Nueces, and Victoria Counties, the following requirements shall apply:

(1) No person shall place, store, or hold in any stationary

## tank, reservoir, or other
container any volatile organic compound (VOC), unless such container is capable of maintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is equipped with at
least the control device specified in Table I(a) for VOC other than 

### crude oil and condensate or Table II(a) for crude oil and condensate.



## (2) For floating roof storage tanks subject to the provisions of paragraph (1) of this subsection, the following requirements shall apply.



## (A) All openings in an internal or external floating roof, except for automatic
bleeder vents (vacuum breaker vents) and rim space vents, must provide a projectionbelow the liquid
surface or be equipped with a cover, seal, or lid. Any cover, seal, or lid must be in a closed (i.e., no
visible gap) position at all times, except when the device is in actual use.



## (B) Automatic bleeder vents (vacuumbreaker vents) are to be closed at all times
except when the roof is being floated off or landed on the roof leg supports.

(C) 

## Rim vents, if provided, are to be set to open only when the roof is being
floated off the roof leg supports or at the manufacturer'srecommended setting.

## (D) Any roof drain that empties into the stored liquid shall be equipped with a
slotted membrane fabric cover that covers at least 

## 90%of the area of the opening.

(E) There shall be 

## no visible holes, tears, or other openings in any seal or seal
fabric.

(F) For external floating roof storage 

## tanks, secondary seals shall be 

## the rimmounted type (the seal shall be 

## continuous from the floating roof to the 

## tank wall). The accumulated area
of gaps that exceed 118 inch (0.32 centimeter) in width between the secondary seal and 

## tank wall shall be

no greater than 

## 1.0 square inch per foot (21 square centimeterstmeter)of 

## tank diameter.

(c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricia, 

## and Travis Counties,
the following requirements shall apply.

(1) No person may place, store, or hold in any stationary tank, 

## reservoir, or other
container any VOC, other than crude oil or condensate,unless such container is capable of maintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is designed
and equipped with at least the control device specified in Table I@) for 

## VOC other than crude oil and
condensate.

## Figure: 30 TAC $115.112(c)(l)

Table 

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

Emission Control



## 2 1.5psia (10.3 Pa) and 

## < 1 1psia (75.8 kPa) of Compound atstorage Conditions 

# I Capacity



# I > 1,000gal (3,785 L) 

# 1 None 

# I > 1,OOOgal (3,785 L) 

# / Submerged fill pipe Requirements



# I and 

# I or 

## < 1.5 ~sia (10.3 Pa) Anv None



# I 125,000gal (94,635 L) 

# 1 vapor recovery system 

# 77

vapor recovery system 

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

2 

## 1 1psia (75.8 Pa)



## > 25,000 gal (94,635 L) Internal or external floating roof (any type)
or

(2) For floating roof storagetanks subject to the provisions of paragraph (1) of 'this subsection, the following requirements shall apply.

## (A) There shall be no visible holes, tears, or other openings in any seal or seal
fabric.

(B) 

## All tank gauging and sampling devices shall be vapor-tight except when gauging and sampling is taking place.

(3) 

## No person in Matagorda or 

## San Patricio Counties shall place, store, or hold crude oil

or condensate in any stationary tank, reservoir, or other container, unless such tank, 

## reservoir, or other
container is a pressure tank 

## capable of maintaining working pressures sufficient at all times to prevent

vapor or gas loss to the 

## atmosphere or is equipped with one of the followingvapor-loss control devices, properly maintained and 

## operated:

(A) 

## an internal floating cover or external floating roof as defined in 5115.10 of this title (relating to Definitions). This control equipment shall not be 

## permitted if the VOC 

## has a true

vapor pressure of 11.0psia (75.8 kPa) or greater. All tank-gauging and tank-sampling devices shallbe vapor-tight, except when gauging or sampling is taking place; or



## (B) a vapor recovery system as defined in 5115.10 of this title (relating to Definitions).

(d) For all persons in the Houston/Galveston/Brazoria

## area the following requirements apply beginning January 1, 

## 2009.

## (1) No person shall place, store, or hold in any stationary tank, 

## reservoir, or other
container any VOC unless such container is capable of maintaining working pressure sufficient at all
times to prevent any vapor or gas loss to the atmosphere, or is equipped with at least the control device specified in either Table I(a) of subsection (a)(l)of this section for VOC other than crude oil and condensate, or Table U(a) of subsection (a)(l)of this section for crude oil and condensate.

(2) For floating roof storage tanks subject to the provisions of paragraph (1) of this subsection, the following requirements apply.

(A) All openings in an internal floating cover or external floating roof as defined
in 5115.10 of this title (relating to Definitions) except for automatic bleeder vents (vacuum breaker vents), and rim space vents must provide a projection below the liquid surface. All openings in an
internal floating cover or external floating roof except for automatic bleeder vents (vacuum breaker vents), rim space vents, leg sleeves, and roof drains must be equipped with a deck cover. The deck

cover must be equipped with a gasket in good operating conditionbetween the cover and the deck. The
deck cover must be closed (i.e. no gap of more than 118 inch) at all times, except when the cover must be open for access.



## (B) Automatic bleeder vents (vacuumbreaker vents) and rim space vents must
be equipped with a gasketed lid, pallet, flapper, or other closure device and must be closed (i.e. no gap
of more than 

## 118 inch) at all times except when required to be open to relieve excess pressure or

vacuum, in accordance with the manufacturer's design.

## (C) 

## Each opening into the internal floating cover for a fixed roof support column



## may be 

## equipped with a flexible fabric sleeve seal instead of a deck cover.

(D) 

## Any roof drain that empties into the stored liquid must be equipped with a
slotted membrane fabric cover that covers at least 90%of the area of the opening or an equivalent
control that must be 

## kept in a closed (i.e., no gap of more than 118 inch) position at all times except
when the drain is in actual use. Stub drains on internal floatingroof tanks 

## are not subject to this requirement.

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

(F) For external floating roof storagetanks, 

## secondary seals must be 

## the rimmounted 

## type (the seal must be 

## continuous from the floating roof to the 

## tank wall with the exception of

gaps that do not exceed the following specification). The accumulated area of gaps that exceed 118 inch (0.32 centimeter)in width between the secondary seal and tank 

## wall must be no greater than 1.0 square
inch per foot (21 square centimeters per meter) of tank 

## diameter.

(G) 

## Each opening for a slotted guidepole in an external floating roof tank 

## must
be equipped with one of the control device configurations specifiedin clauses.(i) - 

## (vi) of this subparagraph.

### (i) A pole wiper and a pole float. The wiper or seal of the pole float
must be at or above the height of the pole wiper.

(ii) A pole wiper and a pole sleeve.

(iii) An 

### internal sleeve emission control system.

(iv) Retrofit to a solid guidepole system.

(v) A flexible enclosure system.

(vi) A cover on an external floating roof 

## tank.

(H) The floating roof must be floating on the liquid surface at all times except
when the floating roof is supported by the leg supports or other support devices (e.g., hangers from the
fixed roof) during the initial fill (including refill after the 

## tank has been degassed and cleaned in
accordance with §§115.54.1 

# - 115.547 

### of this title (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels) or 

## as allowed under the following circumstances:

(i) when necessary for maintenance or inspection;

(ii) when necessary for supporting a change in service to an incompatible liquid);

## (iii) when the storage 

## tank has a capacity of less than 25,000 gallons or
the vapor pressure of the material stored is less than 1.5 

## psia;

(iv) when the vapors are routed to a control device from the time the floating roof is landed until the floating roof is within ten percentby volume of being refloated;

(v) when all 

## emissions from the tank, 

## including emissions from roof landings, have been included in a floating roof storage 

## tank emissions limit or cap approved under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification); or

(vi) when all emissions from floating roof landings at the regulated entity as defined in $101.1 

## of this title (relating to Definitions) are less than 

## 25 tons per year.



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

## tank,reservoir, or
other containermust maintain a minimum control efficiency of 90%.

(4) 

## Storage tanks storing condensateprior to custody transfer must route flashed gases to
a vapor recovery systemor control device if the liquid throughput through an individual 

## tank or the
aggregate of tanks 

## in a tank 

## battery exceeds 1,500barrels (63,000 gallons) per year.

(5) Storage

## tanks storing crude oil or condensate prior to custody transfer or at a pipeline

### breakout station must route flashed gases to a vapor recovery system or control device if the uncontrolled
VOC emissions from an individual storage tank, or from the aggregate of 

## tanks in a tank battery, have
the potential to equal or exceed 25 tons per year on a rolling 12-monthbasis. Uncontrolled emissions

must be 

### estimated by one of the following methods; however, if emissions determined using direct

measurements or other methods approved by the executive director under subparagraphs (A) or 

## (D) of this paragraph are higher than 

### emissions estimated using the default factors or charts in subparagraphs (B) or (C) of this paragraph, the higher values must be used:

(A) direct measurement using the measuring instruments and methods specified


## in 

# 5115.115 of this title (relating to Approved Test Methods);

(B) using a factor of 33.3 pounds of VOC per barrel (42 gallons) of condensate produced or 1.6 pounds of VOC per barrel (42 gallons) of oil produced;

(C) for crude oil storage only, using the chart in Exhibit 2 of the United States
Environmental Protection Agency publication

## Lessons LearnedfromNatural Gas 

## STAR Partners: Installing Vapor Recovery Units on Crude Oil Storage Tanks, October 2003, and assuming that the hydrocarbon vapors have a molecular weight of 34 pounds per pound mole and are 48

## % by weight
VOC; or



## (D) other test method or computer simulationapproved by the executive
director.

## 5115.113. Alternate Control Requirements.

Alternate methods of demonstrating and documenting continuous compliance with the applicable
control requirements or exemptioncriteria in this division (relating to Storage of Volatile Organic Compounds) may be approved by the executive director in accordancewith $115.910of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent.

5115.114. Inspection Requirements.

(a) For all persons in the BeaumontIPortArthur, DallasIFortWorth, El Paso, and
Houston/Galveston/Brazoria 

## areas, the following inspection requirements apply.

(1) For internal floatingroof storage tanks, the internal floating roof and the primary
seal or the secondary seal (ifone is 

## in service) must be visually inspected through a fixed roof inspection
hatch at least once every 12months. If the internal floating roof is not resting on the surface of the volatile organic compounds (VOC) inside the storage tank 

## and is not resting on the leg supports; or liquid has accumulated on the internal floating roof; or the seal is detached; or there are holes or tears in
the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, 

## within 60 

## days
of the inspection the owner or operator shall repair the items or shall empty and degas the storage 

## tank in
accordance with 55115.541 

# - 115.547 of this title (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels). If a failure cannot be 

## repaired within 60 

## days and if the storage tank


## cannot be emptied within 60 

## days, the owner or operator may submit written requests for 

## up to two

## extensions of up to 30 

## additional days each to the appropriateregional office. The owner or operator
shall submit a copy to any local air pollution control program withjurisdiction. Each request for an
extension must include a statement that alternate storage capacity is unavailable and a schedule that will

assure that the repairs will be completed as soon as possible.

(2) For external floating roof storage tanks, 

## the secondary seal gap must be 

## physically measured at least once every 12 months to insure compliance with $115.112(a)(2)(F)and $115.112(d)(2)(F) of this title (relating to Control Requirements). If the secondary seal gap exceeds the limitations specifiedby $115.112(a)(2)(F)or $115.112(d)(2)(F) of this title, within 60 

## days of the inspectionthe owner or operator shall repair the items or shall empty and degas the storage tank 

## in
accordance with $8115.541

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

## days and if
the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests
for up to two extensions of up to 30 

## additional days each to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program withjurisdiction. Each request for
an extension must include a statement that alternate storage capacity is unavailable and a schedule that
will assure that the repairs will be completed as 

## soon as possible.

(3) 

## If the tank is equipped with a mechanical shoe or liquid-mountedprimary seal, compliancewith $

## 115.112(a)(2)(F)and $

## 115.112(d)(2)(F) of this title can be 

## determined by visual inspection.

(4) For external floating roof storage tanks, the secondary seal must be visually inspected at least once every six months to ensure compliance with $115.112(a)(2)(E)and (F) and

## $1 15.112(d)(2)(E)and (F)

## of this title. If the external floating roof is not resting on the surface of the
VOC inside the storage 

## tank and is not resting on the leg supports; or liquid has accumulatedon the
external floating roof; or the seal is detached; or there are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, within 60 

## days of the inspection the owner

or operator shall repair the items or shall empty and degas the storage tank in accordance with 

# $5115.541

# - 115.547 of this title. If a failurecannot be repaired within 60 

## days and if the storage tank


## cannot be emptied within 

## 60 days, the owner or operator may submit written requests for up to two
extensions of up to 30 

## additional days each to the appropriate regional office. The owner or operator
shall submit a copy to any local 

## air pollution control program withjurisdiction. Each request for an
extension must include a statementthat alternate storagecapacity is unavailable and a schedule that will

assure that the repairs will be 

## completed 

## as soon as possible.

(b) For all persons in Gregg, Nueces, and Victoria Counties, the following inspection requirements shall apply.

(1) If during an inspection of an internal floatingroof storage tank, the internal floating
roof is not resting on the surface of the VOC inside the storage tank and is not resting on the leg
supports; or liquid has accumulated on the internal floating roof; or the seal is detached; or there are
holes or tears in the seal fabric; or there arevisible gaps between the seal and the wall of the storage tank, within 60 

## days of the inspection the owner or operator shall repair the items or shall empty and degas the storage 

## tank. If a failure cannot be repaired within 60 

## days and if the storagetank cannot be 

## emptied within 

## 60 days, the owner or operator may submit written requests for up to two extensions of

up to 30 

## additional days each 

## to the appropriate regional office. The owner or operator shall submit a

## copy to any local air pollution control program withjurisdiction. Each request for an extension shall
include a statementthat alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible.

(2) For external floating roof storage tanks, the secondary seal gap shall be physically
measured at least once every 12months to insure compliance with $115.112@)(2)(F) of this title. If the secondary seal gap exceeds the limitations specified by $115.112(b)(2)(F)of this title, within 

## 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage 

## tank. If a
failure cannot be repaired within 60 days and if the storage 

## tank cannotbe emptied within 60 days, the

owner or operator may submit written requests for up to two extensions of up to 30 additional days each

to the appropriate regional office. The owner or operator shall submit a copy to any local air pollution control program withjurisdiction. Each request for 

## an extension shall include a statement that alternate
storage capacity is unavailable and a schedule that will assure that the repairs will be 

## completed as soon

as possible.

(3) If the 

## tank is equipped with a mechanical shoe or liquid-mountedprimary seal, compliance with $115.112(b)(2)(F)of this title can be determined by visual inspection.

(4) 

## For external floating roof storage tanks, the secondary seal shall be visually inspected

at least once every 12months to insure compliance with $ 

## 1 15.112@)(2)(E)

# - (F) of this title. If the
external floating roof is not resting on the surface of the VOC 

## inside the storage 

## tank and is not resting on the leg supports; or liquid has accumulated on the external floating roof; or the seal is detached; or
there are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the

## storage tank, 

## within 

## 60 days of the inspection the owner or operator shall repair the items or shall empty
and degas the storage 

## tank. If a failure cannotbe repaired within 

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

## days, the owner or operator may submit written requests for up to two extensions
of up to 30 

## additional days each to the appropriate regional office. The owner or operator shall submit a

copy to any local air pollution control program withjurisdiction. Each request for 

## an extension shall
include a statement that alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible.

(c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricia, 

## and Travis Counties,
the .followinginspection requirements shall apply.

(1)

## If during an inspection of an internal floating roof storage tank, the 

## internal floating
roof is not resting on the surface of the VOC inside the storage tank 

## and is not resting on the leg
supports; or liquid has accumulated on the internal floating roof; or the seal is detached; or there are
holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, 

## within 

## 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank. 

## If 

## a failure cannotbe 

## repaired within 

## 60 days and if the storage tank cannot be emptied within 60 days, the owner or operator may submit written requests for up 

## to two extensionsof

up to 30 

## additional days each to the appropriate regional office. The owner or operator shall submit a

copy to any local air pollution control program withjurisdiction. Each request for an extension shall
include a statement that alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible.

### (2) If during an inspection of an external floating roof storage 

## tank, the external floating
roof is not resting on the surface of the VOC inside the storage tank and is not resting on the leg
supports; or liquid has accumulated on the external floating roof; or the seal is detached; or there are
holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage tank, within 

## 60 days of the inspection the owner or operator shall repair the items or shall empty and degas the storage tank. If a failure cannot be repaired within 

## 60 days and if the storagetank cannot be emptied within 60 days, the owner or operator may submit written requests for up to two extensions of
up to 

## 30 additional days each to the appropriateregional office. The owner or operator shall submit a

copy to any local air pollution control program withjurisdiction. Each request for an extension shall
include a statement that alternate storage capacity is unavailable and a schedule that will assure that the repairs will be completed as soon as possible.

$115.115. 

## Approved Test Methods.

(a) For the Beaumont/PortArthur, DallasIFortWorth, El Paso, and 

## Houston/Galveston/Brazoria

areas, compliancewith $115.112(a) and (d) of this title (relating to Control Requirements) must be
determined by applying the following test methods, as appropriate:

(1) Test Methods 1-4 (40 Code of Federal Regulations (CFR) Part 60, Appendix A) for determining flow rates, as necessary;

(2) Test Method 18 (40 CFR Part 60, Appendix 

## A) for determining gaseous organic compound emissions by gas chromatography;

## (3) Test Method 22 (40 CFR Part 60, 

## Appendix A) for visual determinationof fugitive
emissions from material sources and smoke emissions from flares;

(4) Test Method 25 (40 CFR Part 60, Appendix A) for determiningtotal gaseous
nonrnethane organic emissions as carbon;

(5) Test Methods 25A or 25B (40 CFR 

## Part 60, Appendix A) for determining total gaseous organic concentrationsusing flame ionization or nondispersive infrared analysis;

(6) test method described in 40 CFR $60.113a(a)(l)(ii)(effectiveApril 8, 1987) for

measurement of storage tank 

## seal gap;

(7) determinationof true vapor pressure using American Society for Testing and
Materials (ASTM) Test Methods D323-89, D2879, D4953, D5 190, or D5 191 for the measurement of
Reid vapor pressure; or.

(8) 

## minor modificationsto these test methods approved by the executive director.

(b) 

## For Gregg, Nueces, and Victoria Counties, compliance with $115.112@) of this title shall be
determinedby applying the following test methods, as appropriate:

(1) 

## Test Methods 14 (40 Code of Federal Regulations 60, Appendix A) for determining
flow rates, as necessary;

## (2) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for determining

gaseous organic compound emissionsby gas chromatography;

(3) Test Method 22 (40 Code of Federal Regulations 60, Appendix A) for visual
determination of fugitiveemissions from material sources and smoke emissions from flares;

(4) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for determining total gaseous nonrnethane organic emissions as carbon;

(5) Test Methods 25A or 25B (40 Code of Federal Regulations 60, Appendix A) for determining total gaseous organic concentrationsusing flame ionization or nondispersive infrared analysis;

(6) test method described in 40 CFR 60.113a(a)(l)(ii) (effective April 8, 1987) for

measurementof storagetank 

## seal gap;

(7) determinationof true vapor pressure using ASTM Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure; or

(8) minor modifications to these test methods approved by the executive director.

## (c) For the Houston~GalvestonlBrazoria 

## area, compliancewith $115.112(d)(5)of this title may
be determined by using the following measurement instruments or applying the following test methods,

as appropriate:

(1) mass flow meter, positive displacement meter, or similar device over a 24-hour period representative of normal operationfor flow measurements of flash gases. For crude oil and
natural gas production sites, the flow measurements must be 

## made while the producing wells are operational; and

(2) test methods referenced in subsection (a)(2), (4), 

## and (5) of this section or Gas
Processors Association Method 2286, Tentative Method of Extended Analysis for Natural Gas and
Similar Mixtures by Temperature Programmed Gas 

## Chromatography, to measure the concentration of
VOC in 

## the flashed gases; or

(3) 

## minor modifications to these test methods approved by the executive director.

$115.116. 

## Monitoring 

## and Recordkeeping Requirements.

(a) For all persons in 

## the BeaumontIPortArthur, DallasIFortWorth, El Paso, and


## Houston/Galveston/Brazoriaareas, the followingrecordkeeping requirements apply.

(1) The owner or operator of any storage vessel with an external floating roof that is exempted from the requirement for a secondary seal as specified in 

## $115.117(a)(l), (6), and (7) of this

### title (relating to Exemptions) and is used to store volatile organic compounds (VOC) with a true vapor pressure greater than 1.0pounds per square inch absolute (psia) (6.9 kilo Pascals (kPa)) 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 inspections required by 8115.114(a) of this title (relating to Inspection Requirements) must be recorded. For secondary seal gaps that are required to be physically measured during inspection, these records must include a calculation of emissions for all secondary seal gaps that
exceed 118 inch (0.32 centimeter) where the accumulated area of such gaps is greater than 1.0square
inch per foot (21 square centimeters per meter) of tank diameter. These calculated emissions inventory reportableemissions (Tr) must be reported in the annual emissions inventory submittal required by §101.10 of this title (relating to Emissions Inventory Requirements). The emissions must be calculated using the following methodology:

(A) Allowable Seal Gap (greater than 118 inch wide): As (square inches) = 

### 1

square inch per 

## tank diameter foot x 

## tankdiameter.



## (B) Measured Seal Gap: Ms (square inches).



## (C) Reportable Seal Gap Area: 

## Rs = 

### Ms 

# - As in square inches.



## (D) Reportable Seal GapIAllowable Ratio: RRs = 

## Rs divided by As.

## (E) Tank Circumference:Tc (feet).



## (F) Reportable Seal Gap Length (total linear feet of seal gap greater than 118
inch gap width): Rl.

(G) Reportable Seal 

## Gap Length1Tan.kCircumferenceRatio: 

## RRI = 

## RllTc.



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

## Compilationof Air Pollutant
Emission Factors (AP-42) Calculation (convertto poundslday).

(I) Tank Emissions (with two good 

## seals): Tss = 

### AP-42 

## Calculation (convert to poundslday). Note: Use 

## maximum local monthly average ambient temperature as 

## reported by the
National Weather Service to calculate true vapor pressure.



## (J) Emissions Inventory Reportable emissions: Tr (pounds) = 

## (Ts 

# - Tss) 

## x RRs

x 

## RRI x 

## 90 

## days. Note: In no case should Tr be greater than (Ts 

# - Tss).

(3) 

## Affected persons shall install and maintain monitors to continuously measure and
record operational parameters of any of the following emission control devices installed to meet applicable control requirements. Such records must be sufficient to demonstrate proper functioning of
those devices to design specifications, including:

### (A) the exhaust gas temperature immediately downstream of a direct-flame
incinerator;



## (B) the inlet and outlet gas temperature of a chiller or catalytic incinerator; and

(C) the exhaust gas VOC concentration of any carbon adsorption system, as
defined in $115.10 of this title (relating to Definitions), to determine if breakthrough has occurred.

(4) The results of any testing conducted in accordance with the provisions specified in $ 

### 115.115(a)of this title (relating to Approved Test Methods) must be maintained at an affected facility.



## (5) All records must be maintained for two years and be made available for review upon
request by authorized representatives of the executive director, the United States Environmental
Protection Agency (EPA), or local air pollution control agencies withjurisdiction.

(b) 

### For all persons in Gregg, Nueces, and Victoria Counties, the following recordkeeping requirements shall apply.

(1) The owner or operator of any storage vessel with an external floating roof which is exempted from the requirement for a secondary seal as specified in $1 15.117(b)(l), (6), and (7) of this
title and used to store VOC with a true vapor pressure greater than 1.0psia (6.9 kPa) at storage
conditions shall maintain records of the 

## type of VOC stored and the average monthly true vapor pressure
of the stored liquid.

## (2) The results of inspections required by $1 15.114(b)of this title shall be recorded.

(3) 

## In Victoria County, affected persons shall install and maintain monitors to continuously measure and record operationalparameters of any of the following emission control devices
installed to meet applicable control requirements. Such records must be sufficient to demonstrateproper functioningof those devices to design specifications, including:

(A) the exhaust gas temperature immediately downstream of a direct-flame incinerator;

(B) 

## the inlet and outlet gas temperature of a chiller or catalytic incinerator; and

(C) the exhaust gas VOC 

## concentrationof any carbon adsorption system, as
defined in $ 

## 115.10 of this title, to determine 

## if breakthrough has occurred.

(4) The results of any testing conducted in accordance with the provisions specified in $115.115(b)of this title shall be 

## maintained at an affected facility.

(5) All records shall be maintained for two years and be made available for review upon request by authorized representatives of the executive director, EPA, or local air pollution control agencies.

## (c) For all persons in the 

## Houston/Galveston/Brazoriaarea, the following recordkeeping requirements apply in addition to those specified in subsection (a) of this section.

(1) The owner or operator of any stationay tank, reservoir, or container with a fixed
roof that is not required to be 

## equipped with a floating roof or vapor recovery system, as specified in
either Table I(a) or Table II(a) of 51

## 15.112(a)(l) of this title (relating to Control Requirements), shall
maintain records of the 

## type of VOC stored, the starting and ending dates when the material is stored,
and the true vapor pressure at the average monthly storage temperature of the stored liquid. This requirement does not apply to storage 

## tanks with nominal storage capacity of 25,000 gallons or less storing volatile organic liquids other than crude oil or condensate, or to storage tanks with nominal
storage capacity of40,000 gallons or less storing crude oil or condensate.

(2) The owner or operator of any storage tank that stores crude oil or condensateprior to custody transfer or at a pipeline breakout station and is not equipped with vapor recovery shall maintain
records of the estimated annual emissions from the storage tank to document that the uncontrolled
emissions are less than 25 tons per year. The records must be updated annually and must be made
available for review within 72 hours upon request by authorized representatives of the executive director,
the EPA, or local air pollution control agencies withjurisdiction.

6115.117. 

## Exemptions.

(a) For all persons in the BeaumontIPortArthur, DallasIFort Worth, El Paso, and


## Houston/Galveston/Brazoriaareas, the following exemptions apply.

## (1) Except as provided in $1 15.116 of this title (relating to Monitoring and Recordkeeping Requirements), any volatile organic compound (VOC) with a true vapor pressure less
than 1.5 pounds per square inch absolute (psia) (10.3 kilo Pascals @Pa)) at storage conditions is exempt
from the requirements of this division (relating to Storage of Volatile Organic Compounds).

(2) 

## Crude oil and condensate stored in tanks with a nominal capacity less than 210,000 gallons (794,850 liters), prior to custody transfer, is exempt from the requirements of this division. After January 1, 2009, this exemptionno longer applies in the 

## HoustonlGalveston/Brazoria area.

(3) 

## Storagecontainers that have a capacity of less than 

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

(4) A welded tank with a mechanical shoe primary seal that has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary seal) is exempt from the requirement for retrofitting with a rim-mounted secondary seal if the shoe-mounted secondary seal was installed or
scheduledfor installation before August 22, 1980.

(5) External floating roof 

## tanks storing waxy, high pour point crude oils are exempt
from any secondary seal requirementsof $115.112(a)of this title (relating to Control Requirements).

(6) Any welded tank 

## storing VOC having a true vapor pressure less than 4.0 psia (27.6 kPa) is exempt from any external floating roof secondary seal requirement if 

## any of the following types
ofprimary seals have been installed before August 22, 1980:

## (A) a mechanical shoe seal;

(B) a liquid-mounted foam seal; or

(C) a liquid-mounted liquid filled type seal.

(7) Any welded 

## tank storing crude oil having a true vapor pressure equal to or greater
than 4.0 psia (27.6 kPa) and less than 6.0 psia (41.4 

## kPa) at storage conditions is exempt from any external floatingroof secondary seal requirement if any of the following types of primary seals have
been installed before December 10, 1982:

(A) a mechanical shoe seal;

(B) a liquid-mounted foam seal; or

(C) a liquid-mounted liquid filled type seal.

(8) Storage containers that have a capacity of no more than 1,000 gallons are exempt
from the requirements of this division.

(9) Condensate storage tanks 

## or tank 

## batteries with a throughput exceeding 1,500barrels (63,000 gallons) per year are exempt from the requirement in $115.112(d)(4)of this title to route flashed

gases to a vapor recovery system or control device if the owner or operator demonstratesusing test

## methods specified in 

## $115.115(c)of this title, that uncontrolled VOC emissions from the individual tank,



## or from the aggregate of storage tanks 

## in a tank battery, are less than 25 tons per year on a rolling 12-
month basis.

(b) For all persons in Gregg, Nueces, and Victoria Counties, the following exemptions apply.

(1) Except as provided in $115.116 of this title, any VOC with a true vapor pressure less
than 1.5psia (10.3 kPa) at storage conditions is exempt from the requirements of this division.

(2) 

## Crude oil and condensate stored in 

## tanks with a nominal capacity less than 210,000 gallons (794,850 liters), prior to custody transfer, is exempt from the requirements of this division.

(3) Storage containers which have a capacity of less than 25,000 gallons (94,625 liters)
located at motor vehicle fuel dispensing facilities are exempt from the requirements of this division.

(4) 

## A welded tank with a mechanical shoe primary seal which has a secondary seal from
the top of the shoe seal to the tank wall (a shoe-mounted secondary seal) is exempt from the requirement
for retrofittingwith a rim-mounted secondary seal if the shoe-mounted secondary seal was installed or
scheduled for installation before August 22, 1980.

(5) External floating roof tanks storing waxy, high pour point crude oils are exempt
from any secondary seal requirements of 8115.112(b) of this title.

### (6) Any welded 

## tank storing VOC having a true vapor pressure less than 4.0 psia (27.6 kPa) is exempt from any external secondary seal requirement if any of the following types of primary
seals have been installed before August 22, 1980:

(A) a mechanical shoe seal;

(B) a liquid-mounted foam seal; or

(C) a liquid-mounted liquid filled 

## type seal.

(7) Any welded 

## tank storing crude oil having a true vapor pressure equal to or greater
than 4.0 psia (27.6 kPa) and less than 6.0 psia (41.4 kPa) at storage conditions is exempt from any
external secondary seal requirement if any of the following types of primary seals have been installed
before December 10, 1982:

(A) a mechanical shoe seal;

(B) a liquid-mounted foam seal; or

(C) a liquid-mounted liquid filled type seal.



## (8) Storagecontainers which have a capacity of no more than 1,000gallons are exempt
from the requirements of this division.

## (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties,
the following exemptions apply.

(1) Any VOC with a true vapor pressure less than 1.5psia (10.3 kPa) 

## at storage
conditions is exempt from the requirements of this division.

(2) Slotted sampling and 

## gauge pipes installed in 

## any floating roof storage tank are exempt from the provisions of $1 15.112(c)of this title.

(3) 

## Storagetanks with nominal capacitiesbetween 1,000 gallons (3,785 liters) and 25,000 gallons (94,625 liters) are exempt from the requirementsof $115.112(c)(l) of this title if
constructionbegan before May 12, 1973.

(4) Storage tanks 

## with a nominal capacity of 420,000 gallons (1,589,700 liters) or less

are exempt from the requirements of $115.112(~)(3) of this title.

(5) Storage containers which have a capacity of no more than 

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



## §115.119. Counties and CompLiance Schedules.

(a) The owner or operator of each stationary tank, 

## reservoir, or other container in which any volatile organic compound (VOC) is placed, stored, or held in 

## Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange,

## Tarrant, and Waller Counties shall continue to comply with this division (relating to Storage of Volatile Organic Compounds) as required by $115.930 of this title (relating to Compliance Dates).

(b) 

## The owner or operator of each stationary tank, reservoir, or other container in which any
VOC is placed, stored, or held in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply
with this division as soon as practicable, but no later 

## than March 1, 2009.

(c) The owner or operator of each stationary 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 $51 15.112(d), 1 15.115(c), and 115.116(c)of this title (relating to Control Requirements; Approved Test Methods; and Monitoring and Recordkeeping Requirements) as soon 

## as practicable, but no later than January 1, 2009. If compliance
with these requirements would require emptying and degassing of the stationary tank, reservoir, or container, compliance is not required until the next time the stationary tank, reservoir, or container is emptied or degassed but no later than January 1,2017. The owner or operator of each stationary tank, reservoir, or container with a nominal capacity less 

## than 210,000 gallons (794,850 liters) storing crude
oil and condensate prior to custody transfer in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall comply with the requirements of this division as soon as practicable but no later than January 1, 2009, regardless if compliance with these requirements would require emptying and degassing of the stationary tank, reservoir, or container.

## SUBCHAPTER

## F: MISCELLANEOUS INDUSTRIAL SOURCES
DIVISION 3: 

## DEGASSING OR CLEANING OF STATIONARY, 

## MARINE, AND TRANSPORT
VEssns §§115.541 

# - 115.547,115.549

STATUTORYAUTHORITY
The amendments are adopted under Texas Water Code, $5.102, concerning General Powers, $5.103, 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, $382.017, concerningRules, 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 adopted under Texas Health and Safety Code, $382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state air resources, consistentwith the protection ofpublic health, general welfare, and physical property; $382.011, concerning General Powers and Duties, that authorizesthe commissionto 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; 5382.014, concerning Emission Inventory, which authorizes the commissionto require the submission of
information concerning the emissionof air contaminants; and $382.016, concerning Monitoring Requirements; Examination of Records, which authorizes the commission to require owners and
operators of emission sourcesto maintain measuring and monitoring records and make such records
available to 

## the commission. The rules are adopted under federal mandates contained in 

## 42 USC, $7410,
that require states to introduce pollution control measures in order to reach specific air quality standards

## in particular areas of the state.

The adopted amendments implement Texas Health and Safety Code, 55382.002, 382.011, 382.012, 382.014, and 382.016.

5115.541. 

## Emission Specifications.

(a) For all persons in the Beaurnont/Port Arthur, DallasIFortWorth, El Paso, and


## Houston/Galveston/Brazoriaareas as defined in 51 15.10of this title (relating to Definitions), the following emission specificationsapply to degassing during or in preparation of cleaning.

(1) 

## F& all stationary volatile organic compound (VOC) storage tanks with a nominal storage capacity of one million gallons or more and after January 1, 2009, storage tanks in the


## Houston/Galveston/Brazoriaarea with a nominal storage capacity of 250,000 gallons or greater or with a
nominal storagecapacity of 75,000 gallons or greater storing materials with a true vapor pressure greater
than 2.6 pounds per square inch absolute (psia).

(A) 

## No person shall pennit VOC emissions with a vapor space partial pressure greater than 

## or equal to 0.5 psia (3.4 kilo Pascals (kPa))under actual storage conditionsunless the

vapors are processed by a vapor control system.

(B) The vapor control system must maintain a control efficiency of at least 90%.

## (C) When conducting degassing or cleaning operations, no avoidable liquid or gaseous leaks, as detected by sight or sound, may originate from the degassing or cleaning operations.

(D) The intentional bypassing of a vapor control device used during degassing or cleaning is prohibited. Any visible VOC leak originating fromthe vapor control device or other
associated product recovery device must be repaired as soon as practical.

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

### 15.10

## of this title, with a nominal storage capacity of 8,000

## gallons or more.

(A) No person shall pennit VOC emissions with a vapor space partial pressure greater than or equal to 0.5 

## psia (3.4 @a) under actual storageconditions unless the vapors are processed by a vapor control system.



## (B) The vapor control system must maintain a control efficiency of at least 90%.



## (C) When conducting degassing or cleaning operations, no avoidable liquid or
gaseous leaks, as detected by sight or sound, may originate fromthe degassing or cleaning operations.

(D) The intentional bypassing of a vapor control device used during degassing or cleaning is prohibited. Any visible VOC leak originating from the vapor control device or other associated product recovery device must be repaired as soon as practical.

## (E) All transport vessels, as defined in $115.10of this title, must be kept vaportight at all times until the VOC vapors remaining in the vessel are discharged to a vapor control system.

(b) 

## For all persons in the Beaumont/Port Arthur and 

## Houston/Galveston/Brazoriaareas, the following emission specifications apply to degassing during or in preparation of cleaning for all marine vessels, as defined in $101.1of this title (relating to Definitions), that have a nominal storage capacity of 10,000barrels (420,000 gallons) or more and contain VOC.

(1) No person shall degas or clean a 

## tank that carried a VOC with a vapor partial
pressure greater than or equal to 0.5 psia (3.4 kPa) unless the vapors are processed by a vapor control
system.

(2) The vapor control systemmust maintain a control efficiency of at least 90%.

(3) When conducting degassing or cleaning operations, no avoidableliquid or gaseous leaks, as detected by sight or sound, may originatefrom the degassing or cleaning operations.

(4) 

## The intentional bypassing of a vapor control device used during degassing or cleaning is prohibited. Any visible VOC leak originating from the vapor control device or other associated product recovery device must be repaired as soon as possible.

(5) All marine vessels, as defined in $101.1 of this title, containingVOC must have all

cargo 

## tank closuresproperly secured, or maintain a negative pressure within the tank 

## when a closure is

## opened, and must have allpressurefvacuumrelief 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.



## 5115.542. Control Requirements.

(a) For all persons in the Beaumont/PortArthur, DallasIFortWorth, El Paso, and


## Houston/Galveston/Brazoria areas 

## as defined in $1

### 15.10 

## ofthis title (relating to Definitions), the following control requirements apply to stationary storagetanks and 

## transport vessels.

(1) No person shall permit the degassing or cleaning of volatile organic compounds (VOC) from a stationary storagetank or transport vessel unless the vapors are processed by a vapor
control system.



## (2)When degassing or cleaning is effected through the hatches of a 

## transport vessel with



## a loading 

## arm equipped with a vapor collection adapter, then pneumatic, hydraulic, or other mechanical

means must be provided to force a vapor-tight seal between the adapter and the hatch. A means must be provided 

## to 

## minimize liquid drainage from the degassing or cleaning 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 effectedthrough the hatches or manways of stationary
VOC storagetanks, all lines must be equipped with fittings that make vapor-tight connections and that

## are closed when disconnected; or equipped to permit residual VOC in the line to discharge into a
recovery or disposal system after degassing or cleaning is complete.

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

(5) In the Beaumont/PortArthur, DallasIFort Worth, El Paso, and until January 1, 2009, in the 

## Houston/Galveston/l3razoriaareas, vapors must 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) (19,000
parts per million by weight (ppmw), or 34,000parts per million by volume (ppmv) expressed as methane). After one of these conditions has been satisfied, the storage tank 

## or transport vessel may be
vented to the atmosphere for the remainder of the degassing or cleaning process.

(6) 

## After January 1, 2009, in the 

## Houston/Galveston/Brazoriaarea, vapors must be
routed to the control device until the VOC measured concentration before the inlet to the control device
is less than 34,000 ppmv as methane or less than 50%of the lower explosivelimit (LEL). After this
condition has been satisfied,the storage 

## tank or transport vessel may be 

## vented to the atmosphere for the
remainder of the degassing or cleaning process provided that the VOC concentration remains below 34,000 ppmv as methane or less than 50%of the LEL. The VOC concentration must be measured once every 12 hours if the storage 

## tank or transport vessel is vented continuously to the atmosphere, and upon

restart of the degassing and cleaning operation if venting to the atmosphere has been suspended for more
than four hours. If any measurements of the VOC concentration equal or exceed 34,000 ppmv as

## methane or are equal to or greater than 50% of the LEL, the storagetank 

## or transport vessel must be
routed to the control device until the concentration is below 34,000 ppmv 

## as methane or less than 50%of
the LEL. While venting to the atmosphere, measurements must continueuntil five consecutive readings
of

## VOC concentrationscollected at 12 hour intervals are measured to be less than 34,000 ppmv or less
than 50%of the LEL.

(b) 

## For all persons in 

## the BeaumontIPort Arthur and Houston/Galveston/Brazoria 

## areas, the following control requirements apply to marine vessels.

(1) No person shall permit the degassing or cleaning of a marine vessel containing 

## VOC
unless the vapors are processed by a vapor control system.

(2)When degassing or cleaning is effected through the hatches of a marine vessel containing

## VOC with a loading 

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

or other mechanical means must be 

## provided to force a vapor-tight seal between the adapter and the hatch, or a negative pressure inside the cargo tank 

## must be maintained. A 

## means must 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 

## VOC or to accomplish drainage before such removal.

(3) Degassing and cleaning equipmentmust be designed and operated to prevent
avoidable

## VOC leaks.

(4) 

## In the Beaumont/Port Arthur area and until January 1, 

## 2009, in the

## Houston/Galveston/Brazoria area, vapors must be routed to the control device until the marine vessel is stripped VOC liquid-free and a turnover of at least four vapor space volumes has occurred, the partial

vapor pressure is less than 0.5 psia (19,000ppmw, or 34,000 ppmv expressed as methane), or the
concentration of VOC is less than 20% of the LEL. After one of these conditions has been satisfied, the
marine vessel may be vented to the atmosphere for the remainder of the degassing or cleaning process.

(5) After January 1, 2009, in the 

## Houston/Galveston/Brazoria area, vapors must be
routed to the control device until the VOC measured concentration before the inlet to the control device
is less than 34,000 ppmv as methane or less than 50%of the LEL. After this condition has been satisfied, the marine vessel may be vented to the atmosphere for the remainder of the degassing or cleaning process provided that the VOC concentration remains below 34,000 ppmv as methane or less
than 50%of the LEL. The VOC concentrationmust be measured once every 12hours if the marine
vessel is vented continuously to the atmosphere, and upon restart ofthe degassing and cleaning operation
if venting to the atmosphere has been suspended for more 

## than four hours. If any measurements of the
VOC concentration equal or exceed 34,000 ppmv as methane or are equal to or greater than 50%of the
LEL, the marine vessel must be routed to the control device until the concentration is below 34,000

ppmv as methane or less 

## than 50%of the LEL. While venting to the atmosphere, measurementsmust
continue until five consecutive readings of VOC concentrations collected at 12-hour intervals are
measured to be 

## less than 

## 34,000 ppmv or less than 

## 50%of the LEL.

### 0115.543. 

## Alternate Control Requirements.

For all persons in the BeaumontIPort Arthur, DallasIFort Worth, El Paso, and
Houston/Galves todBrazoria areas as defined in $ 

## 1 15.10 of this title (relating to Definitions), alternate
methods of demonstrating and documenting continuous compliancewith the applicable control requirements or exemption criteria in this division (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels) 

## may be approved by the executive director in accordance with $

## 1 15.910
of this title (relating to Availability of Alternate Means of Control) if emission reductions are
demonstrated to be substantially equivalent.



## 0115.544. 

## Inspection Requirements.

For all persons in the BeaumonttPort Arthur, Dallas/FortWorth, El Paso, and
Houston/Galveston/Brazoriaareas as defined in $1

## 15.10 of this title (relating to Definitions), the following inspection requirements apply.

(1) Inspection for visible liquid leaks, visible fumes, or significant odors resulting from volatile organic compound (VOC) transfer operations must be 

## conducted during each degassing or cleaning operationby the owner or operator of the VOC degassing and cleaning facility.

(2) 

## VOC degassing or cleaning through the affected transfer lines must be discontinued
when a leak 

## is observed and the leak cannotbe repaired within a reasonable length of time. The intentional bypassing of a vapor control device during cleaning or degassing is prohibited.

## 5115.545. Approved Test Methods.

For the BeaumontIPort Arthur, DallasIFortWorth, El Paso, and 

## HoustonlGalvestonIBrazoria

areas as defined in 

# 5115.10 of this title (relating to Definitions), compliance with 

# 5115.541 and 

# 5 115.542
of this title (relating to Emission Specifications and Control Requirements)must be determined by applying the following test methods, as appropriate:

(1) Test Methods 1-4 (40 Code of Federal Regulations (CFR) Part 60, Appendix A) for determining flow rates;

(2) Test Method 18 (40 CFR Part 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography;

(3) Test Method 25 (40 CFR Part 60, Appendix A) for determining total gaseous
nonrnethane organic edssions 

## as carbon;

(4) Test Methods 25A or 25B (40 

## CFR Part 60, Appendix A) for determining total gaseous organic concentrationsusing flame ionization or nondispersive infrared analysis;

(5) additional test procedures described in 40 CFR 560.503(b), (c), and (d) (effective February 14, 1989) for determining compliance for bulk gasoline terminals;

## (6) Test Method 21 (40 CFR Part 60, Appendix A) for determining volatile organic compound (VOC) leaks;

(7) determination of true vapor pressure using American Society for Testing and
Materials (ASTM) Test Method D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with API Publication 25 17,
Third Edition, 1989;

(8) Test Method 27 (40 CFR Part 60, Appendix A) for determining tank-truck leaks;

(9) 40 CFR §63.565(c) (effective September 19, 1995) or 40 CFR §61.304(f) (effective October 17, 2000) for determination of marine vessel vapor tightness;

(10) minor modifications to these test methods approved by the executive director; or

(11) VOC concentration measurements required by $1 15.542(a)(6) and (b)(5) of this title (relating to Control Requirements) must be performed using one of the methods or measurement
instruments listed in subparagraphs(A) 

# - (F) of this paragraph.

(A) Test Method 21 (40 CFR Part 60, Appendix A). The instrument response
factor criteria in $8.1 of the United States Environmental ProtectionAgency Method 21 may be
determined using the average composition of the liquid in the tank 

## rather than 

## for each individual liquid.

### (B) Test Method 18 (40 CFR Part 60, Appendix A) except that only one bag sample needs to be collected for each concentration measurement.

(C) Bag samples, provided the means of collecting the sample and the type of bag used are appropriateand representative of the type of spacebeing sampled and the analytical method
used to evaluate bag contents are appropriate for the concentration levels and compound types.



## (D) Test Method 25A 

## (40 CFR Part 60, Appendix A).



## (E) Portable hydrocarbon gas analyzer using an appropriate detector that is
effective in the concentration range being measured and calibrated with compounds of interest in each case. Analyzers must be 

### calibrated and maintained according to manufacturer's specifications.

(F) Lower explosive limit detector. The detector must be calibrated and
maintained according to manufacturer's specifications.

$115.546. 

## Monitoring and 

## RecordkeepingRequirements.

For facilities in the BeaumontlPort Arthur, DallasJFort Worth, El Paso, and


## Houston/Galveston/Brazoriaareas as defined in $115.10of this title (relating to Definitions) affected by $115.541 and $115.542 of this title (relating to Emission Specifications and Control Requirements), the

owner or operator of any volatile organic compound 

## (VOC) degassing or cleaning facility shall maintain the following information at the facility for at least two years and shall make such information available

## upon request to representatives of the executive director, the United States Environmental Protection Agency, or any local air pollution control agency havingjurisdiction in the area:

(1)

## for storage tank, 

## transport vessel, or marine vessel degassing or cleaning operations:

(A) a record of the type and number of all transport vessels, stationaryVOC storage tanks, and marine vessels that are degassed or cleaned at the affected facility;

(B) 

## the chemical name and estimated liquid quantity of VOC contained in each
vessel prior to degassing or cleaning;

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



## .(D) after January 1, 

## 2009, 

## in the Houston/Galveston/Brazoriaarea, a record of
the measurements of VOC concentration or percent of lower explosive limit from the storagetank, transport vessel, or marine vessel being degassed while the tank 

## or vessel is vented to the atmosphere;

(2) for vapor control systems:

(A) continuous monitoring and recording of the exhaust gas temperature immediately downstream of a direct-flame incinerator;

## (B) continuousmonitoring and recording of the inlet and outlet gas temperature
of a catalytic incinerator; and

(C) continuous monitoring and recording of the exhaust gas VOC concentration for carbon adsorption systems that contain facilities to regenerate the carbon bed directly, as defined in $115.10 ofthis title (relating to Definitions); or periodic monitoring of the exhaust gas VOC as specified by 40 Code of Federal Regulations $61.354(d) (effectiveOctober 17, 

## 2000), of any carbon adsorption
system that does not regenerate the carbon bed directly, to determine breakthrough;

(3) the results of any leak inspection and repair conducted in accordance with the provisions specified in $115.544 of this title (relating to Inspection Requirements); and

(4) the results of any testing conducted in accordance with the provisions specified in $ 

## 115.545of this title (relating to Approved Test Methods).

5115.547. 

## Exemptions.

For all persons in the Beaumont/PortArthur, DallasIFort Worth, El Paso, and


## Houston/Galveston/Brazoriaareas as defined in $1 15.10 of this title (relating to Definitions), the following exemptions apply.

(1) Degassing or cleaning any storagetank, 

## transport vessel, or marine vessel with a
vapor space partial pressure less than 0.5 pounds per square inch absolute (psia) (3.4 kilo Pascals) of

## volatile organic compound (VOC) under actual storageconditions is exempt from the requirementsof
this division (relating to Degassing or Cleaning of Stationary, Marine, and TransportVessels).

(2) Degassing or cleaning any transport vessel with a nominal storage capacity of less
than 8,000 gallons, or 

## any stationary VOC storage 

## tankwith a nominal storage capacity of less than 1
million gallons, or any marine vessel with a nominal storage capacity of less than 10,000barrels (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 storagecapacity and vapor
pressure of stored liquid 

## as listed in subparagraphs (A) and (B) of this paragraph are no longer exempt
from the requirements of this division.



## (A) Storage tanks with nominal storage capacity greater than 

## or equal to 250,000 gallons but less than 

## 1 million gallons.

(B) Storage 

## tanks with nominal storage capacity greater than or equal to 75,000 gallonsbut less than 250,000 gallons storing materials with true vapor pressure greater than 2.6 psia.



## (3) Any stationary VOC storage 

## tank during preventative maintenance, roof repair, primary seal inspection, or removal and installation of a secondary seal, if product is not moved in or out
of the storage 

## tank, emissions are minimized, and the repair is completed within seven calendar days, is
exempt from the requirements of this division.

## (4) Any marine vessel that has sustained damage that prevents a cargo tank's opening
from being properly secured, causes the onboard vapor recovery system to be inoperative, or prevents
the pressure/vacuum relief valves from operating within certified limits as specifiedby classification society or flag state is exempt from 81 15.541(b) and §115.542(b) of this title (relating to Emission Specifications and Control Requirements); however, all reasonable measures must be taken to minimize
VOC emissions.



## (5)Any oceangoing, self-propelled marine vessel is exempt from the degassing or cleaning requirements of this division.

5115.549. 

## Counties and Compliance Schedules.

(a) All affected persons in the Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller Counties shall continue to comply with this
division (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels) as required by 

# 8115.930of this title (relating to Compliance Dates).

(b) All affected persons in Collin, Dallas, Denton, and Tarrant Counties shall be in compliance
with this division as soon as practicable, but no later than 

## one year, after the commissionpublishes
notification in the Texas Register of its determinationthat this contingency rule is necessary as a result of
failure to attain the national ambient air quality standard (NAAQS) for ozone by the attainment deadline

or failureto demonstrate reasonable further progress as set forth 

## in the 1990Amendments to the Federal
Clean Air Act (FCAA), 

# 8172(c)(9).

## (c) All affected persons in El Paso County shall be in compliance with this division as soon as practicable, but no later than one year, after the commission publishes notification 

## in the Texas Register
of its determination that this contingency rule is necessary as 

## a result of failure to attain the NAAQS for

ozone by the attainment deadline or failure to demonstratereasonable further progress 

## as set forth in the
1990Amendments to the FCAA, $172(c)(9).

(d) All affectedpersons in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall comply with the requirements in $115.542(a)(6)and @)(5), and $115.546(1)(D)of this title (relating to Control Requirements and Monitoring and Recordkeeping Requirements)as soon as practicablebut no later January 1, 2009.~&UW 

### Castanuela,Chief

### Clerk Comm' ' 

### on 

### Environmental

### ~uality 

## ORDERADOPTING NEW AND AMENDED RULES

# ~m REVISIONS TO THE STATE IMPLEMENTATIONPLAN

Docket No. 2006-1804-RUL

On May 23, 2007, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered adoption of new $ 

## 115.110 and amendments to 

## $8 115.112

# - 115.117, 115.1 19, 115.541



## - 115.547, and 115.549 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the State Implementation Plan (SIP). The Commission adopts these amendments and corresponding revisions to.the SIP. The adopted rulemaking reduces emissions of volatile organic compounds (VOC) from VOC storage and degassing operations by establishing more stringent controls for fittings on floating roof storage vessels, establishing control requirements or operational limitations on landing floating roofs, establishing control requirements for flash emissions from crude oil and condensate storage tanks, and establishing more stringent control requirements for degassing and cleaning of storage, transport, and marine vessels. Under Texas Health & 

## Safety Code $$ 

## 382.011, 382.012, and 382.023, the Commission has the authority to control the quality of the state's air and to issue orders consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 of the Texas Health & 

## Safety Code. The proposed rules were published for comment in the December 29, 2006, issue of the 

## Texas Register (31 TexReg 10525).
Pursuant to Texas Health & 

## Safety Code 382.017, Texas Gov't Code Chapter 2001, and 40 Code of Federal Regulations $ 

## 51.102 and after proper notice, the Commission coilducted public hearings to consider the amendments and corresponding revisions to the SIP. Proper notice included prominent advertisement in the areas affected at least 30 days prior to the date of the hearings. Public hearings were 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, 1 Co~nmunity Circle, Midlothian; February 6, 2007, 2:00 p.m., Longview Public Library, 222 

## W. Cotton Street, Longview; and February 

## 8, 2007, 2:00 p.m., Texas Commission on Environmental Quality, Building 

## E, Rooin 201S, 12100 Park 35 Circle, Austin.
The Commission circulated hearing notices of its intended action to the public, including interested persons, the Regional Administrator of the EPA, and all applicable local air pollution coi~trol agencies. The public was invited to submit data, views, and recommendations on the proposed amendments and corresponding revisions to the SIP at 

## each hearing or during the comment period. Prior to the scheduled hearings, copies of the proposed ainendments and corresponding revisions to the SIP were available for public inspection at the Commission's central office and on the Commission's Web site.

## Data, views, and reco~nme~~clations of interested persons regarding the proposed amendments and corresponding revisions to the SIP were submitted to tlle Commission during the coinlnent period, and were considered by the Colnmission as reflected in the analysis of testilllony incorporated by reference to this Order. The Cominission finds that the analysis of testimony includes the names of all interested groups or associations offering comment on the ainendinents and corresponding revisions to the SIP and their position concerning the same.
IT IS THEREFORE.ORDERED 

## BY THE COMMISSION that the ameildinellts and corresponding revisions to the SIP incorporated by reference to this Order are hereby adopted. The Commissioll further authorizes staff to make any non-substantive revisions to the rules necessary to coinply with Texas Register requirements. The adopted rules and the preamble to the adopted rules and the revisions to the SIP are incorporated by reference in this Order as if set forth at length verbatim in this Order.
IT IS FURTHER ORDERED 

## BY THE COMMISSION that on behalf of the Cominission, the Chairman should transinit a copy of this Order, together with the adopted rules and revisions to the SIP, to the Regional Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, 

# 5 110, codified at 

## 42 U.S. Code Ann. 

## 65 7410 

# - 7671q' as amended.
This Order constitutes the Order of the Co~nmission required by the Administrative Procedure Act, Texas Gov't Code, $2001.033:
If any portion of this Order 

## is for any reason held to be invalid by a court of competent jurisdiction, the invalidity of any portion shall not affect the validity of the remaining portions.

Date issued: 

# 3 0 2007 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1 P



## Ifhieen Hartnett White, ChairmanThe adopted amendment imple entsTexasWaterCode, 55.103 and 55.105, and Texas Health and Safety Code. 55382.002, 382.011, 382.012, 382.017, an

# 1

382.202.

legal authority.

TRD-200702033 Robert Martinez

Effective date: June 14, 2007 

# + + CHAPTER 11

## 5. CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS The Texas Commission on Environmental Quality (TCEQ or commission) adopts new §115.110 and amendments to 55115.112 

# - 115.117, 115.119, 115.541 

# - 115.547, and 115.549. New §115.110 and amendments to 55115.112, 115.115 

# - 115.117, 115.119, and 115.541 

# - 115.547 are adopted with changes to the proposed text as published in the December 29, 2006, issue of the Texas Register (31 TexReg 10525). Amendments to 5511 5.113, 115.114, and 115.549 are adopted without changes and will not be republished. The amendments will be submittedtothe United States Environmental ProtectionAgency (EPA) as a revisiontothe state implementation plan (SIP). BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES On June 15, 2004, the Houston-Galveston-Brazoria (HGB) ozone nonattainment area was classified as a moderate nonattainment area under the eight-hour national ambient air quality standard (NAAQS) under the Federal Clean Air Act (FCAA) Amendments of 1990 (42 United States Code (USC), 557401 et seq.). For the HGB area, defined by Brazoria, Chambers, Fort Bend, Galveston, Hanis, Liberty, Montgomery, and Waller Counties, the TCEQ has developed this eight-hour ozone SIP revision in accordance with 42 USC, 57410. Hence, this rulemaking and HGB SIP revision is part of the first step in addressingthe eight-hourozone standard for the area. The one-hour ozone NAAQS, which preceded the eight-hour ozone standard, was revoked June 15, 2005(69 FR 23951). However,the one-hourozone control strategies inthe HGB area will remaininplace. Thisset of strategieswill continueto reduce the amount of ozone precursors and ozone inthe HGB airshed. On September 6,2006 (71 FR 52656), EPA published approval of the HGB nonattainment area's one-hour ozone attainment demonstration and associated rules. The approval was pub lished in six parts, covering the rulesfor the control of highly-reactive volatile organic compounds (HRVOC), the HRVOC emission cap and trade (HECT) program,the mass emissioncap and trade (MECT) program for nitrogen oxides (NO,), the one-hour ozone attainment plan, the emissions credit banking and trading program, and the discrete emission credit banking and trading program. For a more complete backgroundon the one-hour ozone SIP revisions please refer to Chapter 1 of the eight-hour SIP revision that has been submitted for adoption concurrent with this rule package (Project Number 2006-027-SIP-NR). The rulemaking subjects owners or operators of volatile organic compound (VOC) storage tanks, transport vessels, and marine vessels located in the HGB eiaht-hour ozone nonattainment area to more stringent control, monitoring, testing, recordkeepina, and reportina requirements.The revised requirements have been deveiopedto reduce VOC emissions that have previously been underreported in emissions inventories (El). The first Texas Air Quality Study (TexAQS 2000) measuredambient VOC concentrations inthe Houston Ship Channel to be in greater proportions to NO, emissions than what would be expected based on the reported point source emissions inventories. Therefore, when TCEQ and its research partners began TexAQS II in May 2005, one of the study's primary goals was to identify VOC emission sources that have been historicallyunreported or underreported in the El and could potentially be contributing tothe discrepancy between measured ambientconcentrations and reported point source emissions. TexAQS 

### II remote sensingVOC project results indicate that certaintypes of storage tank emissions, including degassing, flash, and floating roof landing loss emissions, generally have been unreported in the El. Recent data analysis, a floating roof landing loss emissionssurvey, and otherTCEQ studies indicate that these unreported emissions could total several thousand tons per year (tpy); unreported or underreported floating roof landing loss emissions alone inthe HGB area totaled approximately 7,250 tons in 2003. The rulemaking will help reduce emissions from these sources as well as other sources of potentially unreported tank emissions, 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 discussedfurther. Subchapter 

### B, GeneralVolatile Organic Compound Sources Division 1, Storage of Volatile Organic Compounds Adopted §115.110 adds ten definitions used in regulatory text. Adopted 511 5.11 O(3) defines Incompatible liquid as the term is used in §115.112(d)(2)(H)(ii). The definition is intendedto allow tank landings when necessary for change of service to a material that would be contaminated by the previously stored material. For example, a change in service to gasoline with a lower Reid vapor pressure (RVP) that must be performed to comply with applicable fuel requirements is considered an incompatible liquid. The definition has been revised in responseto comments to specify that different chemical mixtures and different grades of liquid material would also 

### be considered incompatible liquids if the liquid being introduced into the tank would be made unus

## 32 

## TexReg31

## 78 June 8,2007 TexasRegisterablefor its intended purposeduetocontaminationfrom the previously stored liquid. Adopted $115.1lO(10) defines 

### Tank battery as the term is used in §115.112(d)(4) and (d)(5). In response to comments, the definition has been modified to clarify that a collectionof tanks at a pipeline breakout station, petroleum refinery, or petrochemical plant is not consideredto be a tank battery. In responseto comments, definitions have been addedfor the terms deck cover, pole float, pole sleeve, pole wiper, slotted guidepole, internalsleeve emissioncontrolsystem, and flexible enclosure system. These definitions have been added to clarify additional options for controlling emissions from slotted guidepolesthat have been incorporated into$115.1 12(d)(2)(G). The commission has also added a definition for pipeline breakout station becausetheterm is used in clarifyingthe applicability of requirements for control of flash emissions in §115.112(d)(4) and (5). Adopted changesto §115.112 amend §115.112(a) to specifythat the existing requirementsapply to the HGB area untilJanuary 1, 2009. Adopted changes also add subsection (d) to specify additional requirementsfor storage vessels in the HGB area that will takeeffect on January I, 2009. In responseto comment, the phrase "beginning January 1, 2009," has been added to clarify when the new requirementstake effect. Adopted gll5.112(d)(l) specifies the tank size and vapor pressure criteria that determinecontrol requirementsfor tanks. These arethesame criteria and control requirements that are now effective inthe HGB area. These requirements are being movedto subsection (d) to be at the same location as new provisions that will apply to tanks in the HGB area. Adopted §115.112(d)(2) changes the control requirements for tank fMings. In responseto comments, rule language has been changedto be more consistentwith language inthe EPA regulations in 40 CFR Part 63, Subpart 

### WW, National Emission Standards for Storage Vessels (Tanks) Control Level 2. The proposed requirement in §115.112(d)(2)(A) that all openings in an internal or external floating roof except for automatic bleeder vents, rim space vents, and roof drains must provide a projection below the liquidsurface and be equippedwitha cover, seal, or lid has been modified. The requirements for all openingsexcept automatic bleeder vents (vacuum breakervents) and rim space vents to provide a projection belowthe liquidsurface is separate from the requirement for all openings except automatic bleeder vents (vacuum breaker vents), rim space vents. leg sleeves, and roof drains to be equipped with a cover. The proposed wording would have incorrectly required the use of covers on fixed roof support columns. The proposed wording that the cover, seal, or lid must be equipped with a working gasketand kept ina closed position (with novisible gaps) at alltimes exceptwhen theopening is inactual use has been revised in response to comments to specify that required deck covers must be closed (with nogap of more than 118 inch) at all time, except when they must be opened for access. Adopted 5115.1 12(d)(2)(B) specifies that automatic bleeder vents (also known as vacuum breaker vents) and rim space vents must be equipped with a gasketed lid, pallet, flapper, or other closure device and must be closed at all times except when required.tobeopento relieveexcess pressure orvacuum. in accordancewith the manufacturer's design. The current rule requires only that the automatic bleeder vents and rim space vents be closed. In response to comments, the language has been changed to allow use of a gasketed lid, pallet, flapper, or other closure device instead of a working gasket. Also in response to comments, language allowing automatic bleeder vents to open in accordance with the manufacturer's design has been added. For convenience, the requirements for automatic bleeder vents and rim space vents have been combined in 

## 5 11 5.I1 2(d)(2)(B). Section 11 5.112(d)(2)(C) has been revised in response to comments to allow openings for fixed roof support columns to be equippedwith flexiblefabric sleeve seals insteadof deck covers. Adopted 5115.112(d)(2)(D) requiresthat any roof drain that empties into the stored liquid must be equippedwith a slotted membrane fabric cover or equivalent control. The current rule specifies the use of the slotted membrane fabric cover; the adopted rule allows the use of other controls. EPA regulations allow cantrols other than slotted membrane fabric covers. Other controls can provide equivalent or superior emission reduction performance. Examples include weighted ball or ball in cage type controls. The adopted rule also specifies that the requirement does notapplyto stubdrains on internalfloating rooftanks. Stub drains are found on internalfloating roof tanks that have bolted decks. Their purpose is to allow stored liquid that collects on the roof to drain back into the tank. Covers or other controls on these stub drains would provide minimal, if any. reductionin VOC emissions. In responseto comments, the phrase "no visible gap" has been changedto "no gap of more than 118 inch." Adopted §115.112(d)(2)(E) states that there must be no visible holes, tears, orotheropeningsinany sealorsealfabric. Adopted §115.112(d)(2)(F) states that secondary seals on external floating roof tanks must be rim-mounted and specifies a maximum allowablearea of gaps between the secondary seal andthe tank wall. In response to comments, the phrase "with the exception of gaps that do not exceedthe following specificationn has been added to clarify that a limitedgap area is allowed. Adopted $115.112(d)(2)(G) requires each slotted guidepole well to be controlled. The quantities of emissions reduced would depend on various factors including the tank size and material stored. 

### As an example, a 100-footdiameter externalfloating roof tank with 4,000,000-gallon capacitythat stores gasoline with an RVP of 9 pounds per square inch absolute (psia) and has 25 turnovers per year with an uncontrolled slottedguidepole would emit 11.85 tpy VOC from the guidepole alone and 14 tpy total VOC from the tank. The same tank with a controlled slotted guidepole would have 4.5 tpy VOC from the guidepole alone and 6.6 tons tpy total VOC emissions. Forthis case, controlling the slotted guidepole would result in a 62% decrease in annual VOC emissions from the guidepole and a 53% decrease in total annualtank VOC emissions. In responseto comments, the wording has been changedto allow additional controloptionsfor slotted guidepoles consistentwith the EPA regulations for tanks in 40 CFR Part 

### 63, Subpart 

### WW, and the Storage Tank Emissions Reduction Partnership Program (STERPP). These additional controls includea pole wiper and a polefloat, a pole wiper and a pole sleeve, an internal sleeve emission control system, retrotitto a solid guidepole system, a flexible enclosure system, and a cover overthe externaltbating roof. Emissioncalculations using the EPA TANKS program indicatethat emissions from a slotted guidepole in a tank storing gasoline with an RVP of 10 psia could be reduced from 13.5 tpy downto 0.2 tpy by installing a cover over the roof. The language in §115.112(d)(2)(G) has also been revised to qualify that the controls for slotted guidepoles are only requiredfor external floating rooftanks. Basedon the emission calculations, emissions from slotted guidepoles in internal floating roof tanks or domed external floating rooftanks



### ADOPTED

## RULES June 8,2007 

### 32 

## TexReg 31 79would be equivalent to emissions expected by installing slotted guidepole controls on externalfloating roof tanks. Adopted §115.112(d)(2)(H)specifies 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. Instances when the roof is supported by its legs are referredto as "landings." Adopted §115.112(d)(2)(H) limits the circumstances under which tank landings are allowed to times when the landing is necessary either to carry out inspections or maintenance, or to support a change in service to a liquid that is incompatible with the previously stored liquid. Change in service to gasoline with a lower RVP 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. Different chemical mixtures and different grades of liquid material would also be considered incompatibleliquids if the liquid beingintroducedinto the tank would be made unusable for its intended purpose due to contamination from the previously stored liquid. Tank landings for the purposesof inventory control (also known as convenience landings) would not beallowed unlessvapors are routed to a control device during the time that the roof is landed, or landing emissions are within an emissions limit or cap established under a 30 TAC Chapter 116 permit. Convenience landings would also 

### be allowed if sitewide landing emissionsare less than 25 tpy. Emissionsfromtank landingsare higherthan those that would occur while the roof is floating and have generally not been included in El. A recent survey by the Air Quality Division's Industrial EmissionsAssessment Section indicatesthat an additional 7,250 tons from tank landings should have been reported in 2003. The adopted rule helps to reducethese previously unreported emissions. Storage tanks with a capacity less than 25,000 gallons and those storing materialwith avapor pressure less than 1.5 psia are not subject to the control requirements because such tanks are not requiredto be equippedwith floating roofs. As an alternative to the adopted requirementsof §115.112(d)(2)(H)(i)

# - (iv), §115.112(d)(2)(H)(v)provides a compliance option where a floating roof storagetank emissions limit or cap could be established in permits issued under 30 TAC Chapter 116to controlfloating roof tank landing emissions along with standing and working loss emissions from the tank. 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 will allow operation under these caps to demonstrate compliance with the rules for reducing emissions from tank landings. The emission limits or caps enable these terminals to reduce landing emissions through a combination of measures, including operational roof landing restrictionswhere feasible, lowering of leg position to minimize vapor space, restricting landed tank refill rates, degassing with controls following landings, and new and emerging controltechniques. In responseto comments, the proposed restrictionspecifying the cap could not include any increase in emissions due to tank landings that would otherwise be prohibited under §115.112(d)(2)(H)(i) 

# - (iv) has been deleted. Also in responseto comments, 5115.1 12(d)(2)(H)(vi) has been addedto allow facilities with sitewide landing emissions less than 25 tpy to be exempt from the restrictionson tank landings. The meaning of "initial fill' in §115.112(d)(2)(H) has been clarified in responseto comments to indicate that refilling atank that hasbeen emptied, degassed, and deaned accordingto the provisions of Chapter 115. Subchapter F, Division3. is allowed. The word "required" has been deleted from $115.112(d)(2)(H)(i)in response to commentsto clarify that landingsare allowed for maintenance performed accordingto company or site maintenance plans and notjust in responseto regulatory requirements. The wording in §115.112(d)(2)(H)(ii) has been revised in responseto comments to use the term "incompatible liquid" in §115.110. Also in response to comments, §115.112(d)(2)(H)(iv) has been changed to require control of VOC emissions untilthe roof is within 10% by volume of being refloated, instead of until the roof is completely refloated. Commentersexpressedconcernthat requiring control until the roof was completely refloated could result in liquids being drawn into the control device and causing damage. Adopted §115.112(d)(3) specifies that vapor recovery systems used as a controldevice must maintain a minimum control efficiency of 90%. This is the same requirement that currently applies. Adopted 5115.1 12(d)(4) specifies that flash emissions from condensate storage tanks must be controlled if condensate throughput for an individual tank or the collection of tanks in a tank battery prior to custody transfer is greater than 1,500 barrels (63,000 gallons) per year, unlessthe owner or operator demonstrates that the emissions from the individual tank or the collection of tanks in the tank battery are less than 25 tpy. Adopted §115.112(d)(5) specifies that flash emissions from crude oil or condensate storage tanks must be controlled if uncontrolled VOC emissions from an individual tank at an upstream oil or gas production site or a midstream pipeline breakout station. or collectively from a tank battery at an upstream oil or gas productionsite, would be greater ihan 25 tpy. This limit was proposed as §115.112(d)(4). The throughput limit for condensatewasadded to the adopted rule as §115.112(d)(4) for ease of enforcement. Using default emission factors described later in this preamble, a throughput of 1,500 barrels per year of condensate would be expected to have 25 tpy of VOC emissions. If an owner or operator can demonstrate that a condensate tank with throughput greater than 1.500 barrels per year would have emissions lessthan 25 tpy, the tank would not be subject to the flash emission controls, as allowed under the new exemption in §115.117(a)(9). Crude oil and condensate typically contain dissolved gases that flash as the pressure on the liquid is reduced. For example. flashing occurs when the liquids are routedfrom a separator or other pressurized vessel to an atmospheric storagetank. The flashed gases may contain VOC in addition to methane and ethane, and may also entrain VOC from the stored liquid. In many cases, these gases can be economically routed to a vapor recovery device so that the energy content can be recoveredfor use at the production site or the gas can be compressed and routed to the sales line. If the volume of gas is sufficient, the capital cost for these vapor recovery devices can be repaid in a short time because of the higheconomic value of the recoveredgas. The 25 tpy threshold for control was chosen because it defines the major source level for severe nonattainmentareas. The HGB area was classified as severe underthe one-hour ozone standard before the one-hour standard was replaced with the eight-hour standard. The adopted 25 tpy threshold also represents the maximum emission rate that a site would be authorized to operate under a permit by rule (PBR). The 25 tpy threshold applies to an individual tank or to an aggregationof tanks in a tank battery at an oil and gas exploration and production site. Because flash emissions could occur from any of the connected tanks, the adoptedrule requires thatthe total emissions from all connected tanks be considered indeterminingwhether the 25 tpy threshold is met. In response to comments, the commission has specified that the requirements for controlling flash emissions apply only



## 32 TexReg3180 June 8,2007 TexasRegisterto tanks and tank batteries storing crude oil and condensate prior to custody transfer at exploration and production sites and to individual tanks at midstream pipeline breakout stations. Crude oil and condensate stored at downstream sites such as pipeline terminals, refineries, or petrochemical plants may be a source of flash emissions, but in response to comments, the commission has decided not to subject these downstream sites to the new rule at this time because thetest data and test methods in support of the rule were designed to be used at oil and gas production sites. The commission will continue to evaluatethe extent of flash emissions at downstream sites and may regulate such emissions in the future. The adopted rule gives several options for estimating the uncontrolled flash emissions. The methods are based on estimating an emission factor in terms of pounds of VOC emitted per barrel (Iblbbl)of crude oil or condensate produced. Railroad Commission regulations in 16TAC §3.58(b) require producersto file a monthly report ofthe amount of oil, casing head gas, natural gas, and condensate produced during the month. Owners or operators can usethese 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 of the tanks together and using a device such as a mass flow meter or positivedisplacement meter. A sample of the gas can be analyzed using Gas Processors Association Method 2286, Tentative Method of Extended Analysis for Natural Gas and Similar Mixtures by Temperature Programmed Gas Chromatography, 

### or accepted EPA methods to measure the composition of the flashed vapors. These measurements can be used to calculate the pounds of VOC emitted over the 24-hour measurement period. The pounds of VOC can then be divided by the oil or condensate production rate in barrels to determine the emission rate in pounds of VOC per barrel. Insteadof making direct measurements, the owner or operator can use default emission factors of 33.3 Iblbblof condensate or 1.6 Iblbbl of crude. These factors were determined in a study titled VOC Emissions from Oiland Condensate Storage Tanks. This study, conducted in 2006, was sponsored by the TCEQ and the Houston Advanced Research Center (HARC) and is identified as project H51C. For crude oil, owners or operators can use a chart found as Exhibit 2 of the EPA publication Lessons Learnedfrom Natural Gas STAR Partners: Installing Vapor Recovery Units on Crude Oil Storage Tanks, October 2003. to estimatethe volume of flash gas per barrel of oil. The VOC mass emission rate can then be determined by assuming that the hydrocarbon vapors have a molecular weight of 34 pounds per pound mole and are 48% by weight VOC. These values came from the HARC H51C study. Finally, the owner or operator can use a computer simulation or other method approved by the executive director to estimate flash emissions. These options are specified to minimize the burden on owners and operators to make direct measurements or complex calculations. Ifthe regulated entity choosesto make direct mea surements and they yield emission rates that are higher than those determined by the defaultemission,factors, EPA chart, or simulation, or if computer simulation yields results higher than the default emission factors or chart, the higher rates must be used. In response to comments, rule language has been added to §115.112(d)(5) to specify that the higher rates must be used. The proposed rule only noted this restriction in the preamble. The commission has deleted the proposed 

### 5115.112(d)(4)(E) and combined the option to use a computer simulation with the option to use another method approved by the executive director. This language was previously in §115.112(d)(4)(F). The accuracy of computer simulations is entirely dependent on the accuracy of the inputs and the use of appropriate model parameters. Regulated entities will still have the option to use a computer simulation to estimate flash emissions, but the use must be pre-approved by the executive director to ensure that the results are accurate. Staff of the Industrial Emissions Assessment Section who review such calculations for El reporting will review the simulation use. Nothing in the adopted rule implies authorizationof flash emissions. All emissions must be authorized according to a permit or other authorization under 30 TAC Chapters 106 or 116. The adopted rule regulates flash emissions from crude oil and condensate storage at oil or gas production sites and pipelineterminals. Flash emissions may also occur at storage terminals, refineries, and petrochemicalplants, and crude oil and condensate are not the only sources of flash emissions. Processes in petroleum refineries and chemical plants can generate liquids containing dissolved gases that will flash when the liquid is routed from higher pressure equipmentto an atmospheric storage tank. Althouah flash emissions from these other liauids are not reaulatedunderthe adopted rule, the commission is not implyingGat these emissions are authorized. Methods specified in the EPA CompilationofAir Pollutant Emission Factors (AP-42) to calculateemissions from storagetanks do not includeemissions from flash. Unless these flash emissions have been separately estimated and included in best available controltechnology (BACT) and health effects reviews during permitting, the emissions are not authorizedeven if they are not expressly prohibited by regulation in Chapter 115. Adopted 5115.115(c) specifies appropriate measuring instruments and test methods for determining flash emissions if the owner or operator chooses to demonstrate compliance with the 25 tpy limit by direct measurement. The use of a massflow meter, positive displacement meter, or similar device must be used for determining flash gas flow rate. Conventional pitot tube or orifmplatetechniques may not be appropriate for the relatively low flow rates from oil and condensate storage tanks. Flow measurements must be made over a 24-hour period representative of normal operation to make sure that the measurements capture emissions during a typical working cycle including pumping into and out of the tanks. The language in §115.115(c) has been changed to specifythat at oil and gas productionsites, flow measurements must be made while the producing wells are operational. The proposed rule listed this requirement, but the adopted language has beenchangedto clarifythat it applies to measurements made at oil and gas productionsites and not to measurements made at pipeline breakout stations that could be at some distancefrom the producing wells. Gas composition must be determined using Gas Processors Association Method 2286, Tentative Method of Extended Analysis for Natural Gas and Similar Mixtures by Temperature Programmed Gas Chromatography, or approved EPA test methods. The listed test methods have beenchanged since proposalto include standard EPA test methods for the determination of VOC composition in addition to the Gas ProcessorsAssociation Method 2286. In response to comments, the term "reportable emissions' in 9115.116(a) has been replaced with the term "emissions inventory reportable emissions" to avoid confusion with the use ofthe term "reportable emissions" as used in the general air quality rules in 30 TAC Chapter 101.



## ADOPTED RULES June 8,2007 32 

## TaReg

## 3181Adopted §115.116(c)(l) specifies that owners or operators of less if compliance would require emptying and degassing the storage tanks that are not required to be equipped with a float- tank. ing roof or vapor recovery system because the vapor pressure Subchapter F; Miscellaneous 

### industrial Sources of the stored material is lessthan 1.5 ~sia shall kee~ records of - - the material stored and the vapor ~hese'records are Division 3, Degassing or Cleaning of Stationary, Marine, and necessarv to document that material stored in fixed roof tanks Transport Vessels meets the criteria for exemption from control requirements. In response to comments, the wording "length of time material is stored" has been replacedwith the more precise wording "starting and ending dates when the material is stored." Commenters had expressed confusionover the meaning of the phrase. Adopted §115.116(~)(2) specifies that owners or operators of crude oil or condensate storagetanks with flash emissions shall keep recordsto verify that emissionsfrom these tanks are below the 25 tpy criteria for exemption from control requirements. Records must be sufficient to allow investigators to determine whether flash emissions have been calculated by an appropriate method. If a computer simulation is used, records of the input and output must be retained. In responseto comments, the wording has been changed to clarify that the requirements apply only to tanks or tank batteries at exploration and production sites or to tanks at pipeline breakout stations. Also in response to comments, the requirement to project emissions for the next year upon request has been deleted. The adopted amendment to 5115.1 17(a)(2)specifies that inthe HGBarea, the storage of crude oil and condensate priorto custody transfer in tanks with capacity less than 210,000 gallons will no longer be exempt from the control requirements of Subchapter B, Division 1after January I, 2009. The VOC emissions from such tanks at oil and gas productionsites (especially emissions arising from flashed gases) have been found to 

### be a significant source of VOC emissions and have previously not been reported. A new exemption §115.117(a)(9) has been added to specifythat if an owner or operator can demonstrate that a condensate tank with throughput greater than 1,500 barrels per year would have emissions less than 25 tpy, then the tank would not be subject to the flash emission controls in $115.11 2(d)(4). Adopted §115.119(c) specifies that compliancewith the requirements of §§115.112(d), 115.115(c), and 115.116(c) must occur by January 1. 2009, as part of the effort to address the eighthour ozone standard for the HGB area. However, if compliance with the new requirements would necessitate emptying and degassing the tank, compliance would not be required until the next time the tank is emptied or degassed but not later than January 1, 2017. Additional emissions that would arise from emptying and degassing a tank could negate the benefit of the emission controls and so would not be requiredsolely for the purpose of installing controls. Because tanks are generallytaken out of service at least once everytenyears, the controls must be installed no later than ten years from the date these rules are adopted. The delay in compliance would apply only to the installation of equipment; monitoring and recordkeeping requirementsmust be observed beginning January 1,2009. Regulatedentitiesthat use the delay of compliance provision should be prepared to justify why tank emptyinganddegassing was necessaryto comply with the rules. 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 comply by January 1, 2009. Since proposal, wording has been added to clarify thatthese tanks must comply by January 1,2009, regardThe adopted change to §115.541(a)(l) specifies that after January 1, 2009, the degassing control requirements will apply to storage tanks inthe 

### HGBareawith a nominalcapacity of 75,000 gallons or greater storing materials with a true vapor pressure greater than 2.6 psia or to storage tanks with a nominal capacity of 250,000 gallons or more storing materialwith a true vapor pressure of 0.5 psia or greater. The current rule mandates degassing controls only to storage tanks with a nominal capacity of one million gallons or more. The El database has records of more than 950floating roof storagetanks with capacity between 75.000 and one million gallon capacity that could be required to employ vapor recovery during tank degassing underthe adopted rule. There are also more than. 3,000 fixed roof storage tanks in this size range, but an unknown number of these storage tanks store materials with a vapor pressure less than 2.6 or 0.5 psia and will not be subject to the adopted degassing requirement. Degassing emissions from these smaller storage tanks can be abatedwith technology similar to that usedfor largertanks. The size and vapor pressure criteria for determining which storage tanks are subject to the degassing control requirementswere changed since proposal in response to comments and subsequent cost effectiveness calculations by staff. The adopted changeto 5115.542(a)(5) specifies that the current control requirements apply inthe HGB area only until January 1, 2009. Adopted 5115.542(a)(6) specifies new criieria for control of degassing vapors from storage tanks and transport vessels inthe HGB area. The change requires that vapors be vented to a controldevice until theVOC concentrationof the vapors is reducedto less than 34,000 ppm byvolume (ppmv)as methaneor to less than 

### 50% of the lower explosive limit (LEL). The current rules specify the 34,000 ppmv concentration as one criterionfor 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 storage tanks are drained dry and if the flow of displacement gases is measuredproperly, four turnovers would generally be sufficient to reduce VOC concentrations to less than34,000 ppmv. Ifliquidremains inthe bottom of the storagetank or transportvessel, as commonly occurs due to irregularities inthevessel surface, the remaining liquidwould continue to be a sourceof VOC emissions after thefour turnover criterion has been satisfied. The adopted rules removethe option to vent to atmosphere after a turnover of four vapor space volumes has occurred. 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 reachedtemporarily, but if liquid remains inthe storage tank the concentrationcould again risewhen theflow of ventilation gas ceases. The adopted revision requirescontinued control of the vapors until the VOC concentration decreases to below 34,000 ppmv or a reading of less than 50% is obtained on an LEL meter. The concentration must be rechecked periodicallywhile thetank isvented to the atmosphereto ensurethat it remains below34,000 ppmv or 50% LEL. Ifventilationiscontinuous, the concentration must be measuredat least once every 12 hours. Ifventilationceases for morethanfour hours, the concentration must be rechecked beforethe tank is reopened. The 50% LEL criterion was added in response to comments. The VOC concentration equivalent to 50% LEL is less than 34.000 ppmv



## 32 TexReg3I82 June 8,2007 Texas Registerand therefore is an acceptable criterion to determine when degassing vapors can be emittedto atmosphere. Also inresponse to comments, language has been addedto specify that the concentration measurementsare no longer required after five consecutive readings less than 34,000 ppmv or lessthan 50% LEL have been obtained. The adopted change to §115.542(b)(4) specifies that the stated control requirements apply in the HGB area only until January 1. 2009. Adopted 5115.542(b)(5)specifies new criteria for control of degassing vapors from marinevessels in the HGB area. The change requires vaporsto be vented to a control device until the VOC concentration of the vapors is reduced to less than 34.000 ppmv as methane or 50% LEL. The current rules speo ify this concentration as one criterion for determining when vapors may be vented to the atmosphere but also allow venting after a turnover of four vapor space volumes has occurred. The adopted rules removethe option to vent to atmosphere after a turnoveroffourvapor space volumes has occurred. Thischange is being adopted for degassing vapors from marine vessels for the same reasons discussed for the adopted 9115.542(a)(6)for storagetanks and transport vessels. The 50% LELcriterion has been added to the rule because the commission has specified that an equivalent LEL percentage can be used to determine when degassing need no longer be controlled for storage tanks. The current rule in §115.542(b)(4) uses 20% of the LEL as one of the criteriafor when marine vessels may be vented to the atmosphere. This requirement was not changed because it applies to sources in the Beaumont-Port Arthur area as well as (until January 1, 2009) sources in the HGB area. The revised §115.542(b)(5) specifies 50% of the LEL to 

### be consistent with thevalue used in§115.542(a)(6) for storagetanks and transport vessels. Becausethe LEL criterion is an option to allow flexibility in measurement methods, using 50% instead of 20% in §115.142(b)(5)will not allow an increase inVOC emissions over those allowed under §115.542(b)(4). Adopted §115.545(11) specifies the methods that must be used to measuretheVOC concentrationof the storage vessels, transport vessels, or marine vessels to determinewhen the vapors can bevented to the atmosphere instead of to a control device. In response to comments, several additional analytical methods have been specified to allow flexibility for the concentration measurements. However,the large potential variability inchemicalcompositionof stored liquids necessitatescarefully selecting and implementing the analytical methodaccordingtothe precise' chemical and physical circumstances occurring at the time of the measurement. Thus, the commission requires that sufficient records and other information be maintainedto showthat the alternative method used completely meetthe needsofthe specific instance. Examples of such records are maintenance and calibration records of all equipment, training records of equipment operators, and a written sampling plan for each instance completewith data quality objectives and QAIQC measurement parameters. The measurementshould be made at the head space of the vessel, as close as possibletothe tank bottomto ensure that the concentration measurement is representativeof actual conditions, but the measurements should be made at a safe location. Adopted §115.546(1)(D) specifies that records of the VOC concentration measurements required by §115.542(a)(6)and (b)(5) must be maintained. The records are necessaryto document that degassing vapors are muted to a control device until they reachthe criteria to be releasedto the atmosphere. A changeto §115.547(2) isadoptedto state that afterJanuary 1, 2009, storage tanks in the HGB area with a nominal capacity of lessthan one million gallons but greater thanor equalto 250,000 gallons or with a nominal capacity of greater than or equal to 75,000 gallons storing materialwith vapor pressure greater than 2.6 psia will no longer be exempt from the requirements to control degassingemissions. As discussedearlier inthis preamble, degassing emissionsfrom these smallertanks can be controlled with technology similar to that used to control degassing emissions from the largertanks. The commission revisedthe exemption level in response to public comments. The words "causes" and "prevents" are addedto §l15.547(4)so thatthe text more clearly expressesthe intended meaningof the exemption. Adopted §115.549(d)specifies that compliance with the newand revised requirements must occur by January 1.2009, as part of the effort to address the eight-hour ozone standard for the HGB area. FINAL REGULATORY IMPACT ANALYSIS DETERMINATION The commission reviewedthe adopted rulemakingaction in light of the regulatory analysis requirements of Texas Govemment Code, §2001.0225, and determined that the rulemaking action does not meet the definition of a "major environmental rule" as defined in that statute. A "major environmental rule" is a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, productivity, competition,jobs, the environment, or the public health and safety of the state or a sector of the state. The primary purpose of this adopted rulemaking action is to require owners or operators of VOC storage tanks, transportvessels, and marine vessels located inthe HGBeight-hour ozone nonattainmentarea to better controltheir storage and degassingoperations, thereby reducingVOC emissions. The adopted rulesassist in identifying previously unreported emissions, and reducing them appropriatelv. It isantici~ated that this ado~ted rulemakinawill ~ositivelv affek human health and the envirbnment, and n2 adverselyaffect the economy or productivity in any material manner. Moreover, the adopted ruleswill improve airquality and make positive progress towards attainmentof the HGB eight-hour ozone standard. Therefore, the adopted rulemaking does not constitute a majorenvironmental rule, and thus is not subjectto aformal regulatory analysis. In addition, this adopted rulemaking does not meet any of the four applicability criteria of a "major environmental rule" as defined intheTexas Government Code. Texas Government Code, 52001.0225 applies only to a major environmental rule the result ofwhich is to: 1)exceed a standard set byfederal law, unless the rule is specifically requiredbystate law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement or contract betweenthe state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the agency instead of under a specific state law. The rulemaking action, which is designed to reduceVOC emissions that have previously been underreported in El, does not exceed an express requirement under federal or state law. Furthermore, there is nocontract or delegation agreementthatcwers the topic that is the subject of this action. Finally, this rulemaking actionwas not developed solely underthe general pow

## ADOPTED RULES 

## June 8,2007 32 

## TexReg3183The commission acknowledgesCelanese's endorsement of the comments provided by the TCC. The AECT and EOSIPC expressed support for the process the agency has used to select the proposed control strategies and the conclusions reached. The EOSIPC and TxOGA also expressed support for the proposal with the technical corrections submitted by its memberscomments, andAECT, Dow. EOSIPC, and TCC stated that these control strategies will result in additional progress towards attainmentof the eight-hour ozone standard in the HGB area. The commission appreciates the support. The EPA and RSI expressed support for the agency's efforts to expand controls and reduce VOC emissions within the HGB area. EBI statedthat accountingfor storage and transport emissions sources is "very good stewardship." The commission appreciatesthe support. The EOSIPC expressed support for the commission's ongoing work to incorporate the findings of the TexAQS I1 field study into the development of new modeling episodes that occurred in 2005 and 2006. Boththe TCC and Dow support the development of a new modeling episode that incorporates the TexAQS 

### I1field study results. Dowadditionally suggestedthat theTCEQ shouldconsider information resultingfrom industry-sponsored research projectsthat show point source emissions from the HGB perimeter counties have rileeffecton key air quality monitors in Harris County. The commission appreciates the support for the technical work completedto date. The TCEQ has, and will continue, to review andanalyzeother technicalstudiesas it moves forward with development of a new modeling episode and development of ap propriate control strategies for the HGB area. Both the AECT and COMAQ encouraged the agency to consider the primary reason the HGB area cannot attainthe eighthour ozone standard by the deadline is due to NO, and VOC emissions from on-road and off-road mobile sources, marine vessels, and other federally regulated sources. The COMAQ stated that NO, emissions from such sources are estimated to comprise about 54% of the 2009 NO, emissions inventory for the HGB area. The EOSIPC asserted that agency photochemical modeling demonstrates that on-road and non-road mobile source emissions reductions constitutethe most effective path toward the HGB area achieving attainment. The COMAQ and EOSIPC stated that significant progress towards attainment in the HGB area cannot be realized before substantial reductions are made in mobile source emissions. COMAQfurther notedthe TCEQ does not have the authority to regulate emissions from federally regulated sources. The TCC and Dow encouraged the commissionto continue promoting voluntary programs like TERP to accelerate mobile source emission reductions. AECT and COMAQ expressed support for additional legislativefunding for the TERP program. COMAQ additionally commented that the agency should emphasize that TERP has resulted in about 22 tpd of NO, and VOC emission reductions from on-road and non-road sources in the HGB area. The AECT suggested the commission continue to encourage the EPA to take all appropriate measures to accelerate reductions of NO, and VOC emissions from on-road and non-road mobile sources, marine vessels, and other federally regulated emission sources in the HGB area. The AECT suggested the commission encourage and support programs and initiatives that will reduce NO, and VOC emissions from on-road and non-road mobile sources in the HGB area even ifthe measures cannot be usedfor emission reduction credits in the SIP. The issues brought up inthese comments are beyond the scope ofthis rulemaking. The purposeof this rule project is to decrease VOC emissions from industrial pointsourcesthat have been previously unreportedor underreportedto the TCEQ and to provide better recordkeepingand reportingtoformulate a moreaccurate inventoryand enable more accurate modeling for future SIP development. The COMAQ encouraged the TCEQ to continue to emphasize the following facts and to use these facts in the development of the HGB eight-hour ozone SIP rules: (1) emissions of NO, and VOC (including HRVOC)from industrial point sources have been significantly reduced since 2001; and (2) TCEQ photochemical modeling indicates additional NO, and VOC (including HRVOC) emissions reductions from point and area sources in the HGB area will not bring the area into attainment with the eight-hour ozone standard. The EOSIPCstatedthat since 2001, its member companies have invested over two billion dollars in state-of-the-art emissionscontrols that have reducedozone precursor emissions;the resultsof these investments are evident in the ambient air. Additionally, the EOSIPC asserts that independent scientific studies show that the current control strategies are reducing ozone. These decreases have occurred beforethe full implementationof the current point source NO, and HRVOC emissions control strategy that was adopted in 2004 and will be fully implemented in 2007. The commission acknowledgesthe efforts that have been made by industrial point sources inthe HGB areato reduceemissions. The purposeof this rule package isto reduce emissionsof VOC that have been previouslyunreported or underreported in the El and therefore not considered in modeling exercises to determine the most effective control measuresto reduce ozone. Additional emission reductions from acrossthe broad spectrum of sources may be neededto reduce ozone levelsenoughto meet theeighthour standard. The TO requested that the commission make changes to the proposed ruleto address market realities that for-hire terminals face. HSC noted that under "Potentially ControversialMatters" inthe ExecutiveSummary for the HGB VOC rulesTCEQ stated, 'Representatives of terminal operators oppose the prohibition of convenience tank landings." HSC expressed objection that TCEQ was allowing the regulatedcommunity to "call the shots" about rule development. The commission has made some changes to the proposed rule as a result of the TO comments, as discussed in the Response to Comments section of this rulemaking. The reference to the oppositionof terminal owners and operators to the prohibition of convenience landings was intended only to alert the commissioners to communications that had been received before the formal rule proposal. The prohibition was included in the proposed rule, but after further discussion and research, $115.112(d)(2)(H)(v) and (vi) allow for convenience landings if emissions are authorized under a permit limit or emission cap in a permit issued under 30 TAC Chapter 116 or if site-wide emissions from tank roof landings are lessthan 25 tpy. Both GHASP and HSC requested that the VOC rules be made more stringent because TCEQ has not been able to document sufficient VOC emission reductions to show attainment of the ozone standard by2010. Similarly, an individualcommenter en

## ADOPTED RULES June 8,2007 

## 32 TexReg3185couraged the commission to place more stringent controls on storage tank emissions. Photochemical modeling has shown that VOC reductions alone would not be sufficientto allow the HGB area to attainthe eighthour ozone standard by 2010. The commission's responses to the commenters' specific suggestions for making the VOC rules more stringent are detailedelsewhere in this document. GHASP asserted that the only new control measures in the Shour ozone SIP are enhancementsto on-road and non-road NO, emissions controlsandencouragedthe agencyto adopt additional control measures. GHASP specificallyencouraged the agencyto consider measuresthat would expand the monitoring network, track emissions events and predict future emissions event impacts, incorporate reactivity based strategies such as trading of HRVOC andlor other VOC emissions, and control wastewater and other industrial VOC sources. GHASP stated that the HGB area needs every possible emissions reduction to achieve attainment and generally favors industrial controls first, followed by diesel source controls. The commission appreciates the comment but the suggestions are outside the scope of this rulemaking and therefore no changes were made to the Chapter 115 rules as a result of this comment. The commission considered developing rules to require more stringent controls for wastewater facilities, but concluded that more information is needed to quantify potentially underreported emissions before effective rules can be developed. MFCA specifically suggested increasing VOC reductions from large industrial sources in the HGB area by 95% or more, and both MFCA and GHASP suggested establishing controls on other VOC in addition to HRVOC inthe HGB area. Additionally, GHASP encouraged the agency to consider measures that concomitantly reduce pollutantsthat pose additional risks, such as air toxics and particulates. The commission appreciates the comments but the suggestions are outside the scope of this rulemaking and therefore no changes were made to the Chapter 115 rules as a result of these comments. HCPHESexpressed supportforthe amendmentsto Chapter 11 5 to reduce VOC emissions from storage and degassing operations inthe HGB area. The HCPHESsuggested adoptingandlor implementing various rules adopted by other states to reduce VOC content in solvents, paints, and various householdand cosmetic products. The HCPHES also suggested expanding the HRVOC regulations beyond Harris County and adding to the list of chemicals subjectto the HRVOC rules. The commission appreciates the comment in support of the Chapter 115 rules and the suggestions for additional control measures to reduce VOC emissions. The rule sections associated with the HCPHES suggestions are beyond the scope of this rulemaking and therefore no changes have been made to the rule based on the comments. Furthermore, the EPA is scheduled to adopt more stringent VOC content limits in paints and various household and cosmetic products in November 2007. HSC commented that the rule changes for storage tanks, degassing, and flash emissions should be applied statewide. Extending coverage of these rulesto the entire state is beyond the scopeofthis rulemaking. Becausethe proposal only applied the rulechangestothe HGBarea, affected parties inother areas of the state have not received proper notice of the changes and would not have an opportunity to comment. The commission may consider extending coverage of the rule amendments in a future rulemaking. EBI objected to the adoption of the rule language prior to determining the resolution of the Texas Petrochemical situation with the city of Houston. EBI recommended the commission expressly notify the city of Houston of the intended purpose of the regulations and suggested adding a qualifier to the rule language specifying the rule does not apply to the foregoing situation. The city of Houston is aware of the proposed rule language, as evidenced by comments made by the mayor of Houston on the SIP proposal. The commission has made nochangesto the rule as a result of this comment. HSC expressed disagreement with the statements in the Executive Summary for the HGB VOC rules concerning enforcement responsibilities. HSCfurther expressedconcernthat new TCEQ regulations inthe past have created greatly increased workloads for investigators and requested that the commission document how many more investigations and investigator hours will be requiredto implementthese rules. EBIexpressed concernsabout the commission'slackofenforcement of the regulations the commission promulgates. The proposed increased stringency of rules for tanks does not require additional inspections,just changes in compliance criteria. The changes to the degassing rules would affect additional sources, but degassing is done infrequently. The requirements for controlof flash emissionswould impose new requirementsat sites that are already subject to other commission rules for permitting and emissions inventory reporting but may not be complying with these requirements due to underestimationof flash emissions. The recordkeeping requirements of the new rules could aid investigators in determining whether facilities are in compliance with existing rules. GEM suggested clarifying whether the term "storage vessel" used in the proposed ruletext refers to "storage tanks." The term "storage vessel" as used in the rule includes "storage tanks." Most instances of the term "storage vessel" in the adopted rule have been changed to "storage tank." EBI suggested the Chapter 115 rule language be revisedto distinguish betweenVOC and NMVOC. EBI recommended clarifyingthat the rule appliesto storage for VOC and NMVOC or limit the rule solely to crude and natural gas tanks and then propose a separate rule for NMVOC. The definition of VOC in 30 TAC 5101 .I (relatingto Definitions) excludes methane andothercompounds determined by the EPA to havea negligiblecontribution totropospheric ozone formation. Therefore, the suggested change is not necessary. COMAQ, TCC, TO,and Dow suggested including in ~115.110 definitionsof the following terms as they are defined by the EPA in 40 CFR 563.1061: pole float, pole sleeve, pole wiper, and slotted guidepole. The lT0 suggested also adding the following definitions: deck cover, external floating roof tank cover, flexible enclosure system, internalsleeve emission control system. The commissionhasadded definitionsfor the terms deck cover, pole float, pole sleeve, pole wiper, slotted guidepole, flexible enclosure system, and internal sleeve emission control system as



## 32 TaReg3186 June 8, 2007 TpxasRegisterrequested. A definition for external floating roof tank cover was not added because itwas not necessary. Dow suggested the TCEQ expand the definition of "incompatible liquid" in §115.110 to include (1) liquids that have different chemical mixtures and cannot be mixed due to product quality specifications and (2) different grades of liquid materialsthat cannot be mixed due to product quality specifications. In addition, Dow suggested that theses definition changes should be considered acceptable in 5115.112(d)(2)(H)(ii). Dow also suggested that any liquid or fuel with a different specificationshould be consideredas an incompatible liquid for the purposes of the rule. The lTOsuggested the rule language in g115.110(1) be revised to read "incompatible liquid-a liquid that is a different chemical compound, a fuel with different regulatory specifcations, or any liquid that is otherwise compatible but for commercia1 contractual reasons."The TCC suggestedthe term "incompatiblew should recognize the following additional scenarios: a liquid material thatwould contaminate or significantly change the quality of a future stored material, any liquidor fuel with different product specifications. The commission has revised the definition to include different chemical mixtures or differentgradesof liquid material that would be unusable for its intended purpose due to contamination from the previously stored liquid. Minor differences in product quality specifications or materialsowned by differentcustomers are not intended to 

### be covered under the definition, or the definition of incompatible liquidwould be so broad as to 

### be practically unenforceable. The cornrnission notes that facilities have the option to authorize landing emissions under a cap or emissions limit under a Chapter 116 permit or a 25 tpy exemption as allowed in 

### g1 1 5.112(d)(2)(H)(v) and (vi). The TxOGA expressed support for the definition of "incompatible liquid" in g115.110(1). The TCC agreed with the concept of allowingfloating roof landingsto support a change in service to a liquidthat is incompatible with the previously stored liquid. The commission appreciates the support. The TxOGA and TCC suggested the definition of "tank battery" in §115.110(2) be changed to read "Exploration and Production Tank Battery-A collection of equipment at an exploration and production site used to separate, treat store, and transfer crude oil, condensate, natural gas, and producedwater." Instead of making the change as suggested, the commission is changing the definition to specify that a collection of tanks at a pipeline breakout station, petroleum refinery, or petrochemical plant is not considered to be a tank battery. The commission has also changed §115.112(d)(4) and (5) to specify that control of flash emissions is required only for crude oil or condensate storage prior to custody transfer or at a pipeline breakout station. With these changes, the flash emission control requirements would apply to individual tanks or the collection of tanks at an oil and gas exploration and production site and to individual tanks at a pipeline breakout station. The requirements would apply to upstream and midstream operations but not to downstream operations such as crude oil and condensate storage at pipelineterminals, petroleum refineries, or petrochemical plants. The commission will continue to evaluate the extent of flash emissionsat the downstream operations and maytake action to regulate these sources at a later time. HSC requested that the minimum control efficiency in 5115.112(a)(3) and (d)(3) be increased from 90% to 95%. The commission made no changes to the rule as a result of this comment. The focus of the rulernaking project was to effect real reductions in VOC emissions. Although the rule only requires a control efficiency of 90%, many of the control devices in use in fact reduce emissions by 95% or more. HSC requested that the rules in §115.112(b) and (c)for Gregg. Nueces, Victoria, Aransas. Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties be changed to be as stringent as those for the HGB area. HSC also requestedthat all references in §115.112(c)(l),Table I(b), to 1.5 psia be changed to 0.5 psia and that all referencesto 25.000 gallons be changed to 10,000 gallons. Revisingthe rules for the listed counties is beyond the scope of this rulemaking. Because no changes were proposedtothe referencedsubsections, affected parties in these counties have not received proper notice of the changes andwould nothave anopportunityto comment. The cornrnission may considerextending coverage of the rule amendments in a future rulemaking. HSC commented that rules in §115.112(d) should apply statewide. Extending coverage to the entire state is beyond the scope of this rulernaking. Because the proposed rule only applied the rule changes to the HGB area, affected parties in other areas of the state have not received proper notice of the changes and would not have an opportunity to comment. The commission may consider extending coverage of the rule amendments in a future rulernaking. MFCA suggested requiringthe installation of control measures for storage tanks with VOC vapor pressure equal to or greater than 0.5 pounds per square inch absolute. GHASP commented that the Chapter 115 rules should be changed to reflect the best available control technology requirements that dictate storage tanks operating with a vapor pressure greater than 0.5 psia and a capacity of more than 25,000 gallons have a floating roof or vent to control device. HSC commented that all references to 1.5 psia in Tables I(a) and Il(a) should be changed to 0.5 psia and that all references to 25,000 gallons and 40,000 gallons in Tables I(a)and Il(a) should be changed to 10,000 gallons. The commission considered lowering the vapor pressure that would trigger control requirements during thedevelopmentofthe rule proposal. After reviewingdata available in the El, the commission concluded that emissions from fixed-roof tanks storing materials with vapor pressures between0.5 and 1.5 psia represented a small portion of the total VOC emissionsfrom fixed roof tanks and that requiringadditional controlsfor thesetankswould not provide a meaningful reduction in VOC emissions. Controls for smaller tanks are less cost effective than controls for largertanks. According to data in the El, there are a total of 3,451 fixed rooftankswith a total capacity of 52.8 million gallons that have capacities greaterthan or equalto 10,000 gallons but less than 25,000 gallons inthe HGBarea. Thereare 1,073 tanks with total capacity of 32.6 million gallons that have capacities between 25,000 and 40,000 gallons. For comparison, there are 5,498 fixed rooftanks with a total capacity of over 14 billion gallonsthat have capacities of 40,000 gallons or more. There are an additional 2,259 floating roof tanks with combined capacity over 24 billiongallons. The relative capacity of tanks that would be affected by the requestedchange represent less than 1 % of the total fixed roof tank capacity in the HGB and less than 

### 0.3% of the total fixed and floating roof capacity. The commissiondecided not 

### to pursue additional controls for tanks that represent



### DOPTED

## RULES June 8,200 

### 7 32 

## TexReg 3187such a small percentageof the total tank capacity. Controls for these small tanks would not result in meaningfulemissionreductions. The €PA requested confirmationthat §115.112(d) specifying additional requirements for storage vessels in the HGB area will begin January I, 2009. The EPA also noted that although the preamble makes this clear, a start date of January 1,2009, may needto be added to the rule. The commission has added the start date of January I, 2009, to §115.112(d) as suggested. The TCC suggested incorporating the language in 40 CFR §63.1063(b)(I), (2), (3), and (5) into §115.112(d)(2) to address the operational requirementsof floating roof tanks. The commission has revised §115.112(d)(2)(H) to include the language in40 CFR §63.1063(b)(l) regardingsupport of a floating roof by other devices (e.g.. hangers from the fixed roof). Language in 40 CFR §63.1063(b)(3) requiringthat covers be closed at all times except when they must be opened for access has been incorporated into§115.112(d)(2)(A). The commission declinesto addthe language in40 CFR §63.1063(b)(2)and (5). The language in 40 CFR 963.1063(b)(2) would require that when the liquid depth is insufficientto float the floating roof, the process of filling to refloat the roof must be continuous and be performedas soonas practical. The restrictions ontank landings in 5115.112(d)(2)(H) adequately addressemissionsfrom landed floating roofs. The requirement in 40 CFR §63.1063(b)(5) for each unslotted guidepole cap to be closed at all times except when gauging the liquid level or taking liquid samples is addressed in 5115.112(d)(2)(A). The COMAQ and TCC suggested the rule language in §115.112(d)(2)(A) be revised to replace the phrase "no visible gap" with the phrase "no gap of more than 118 inch." The requested change would make the TCEQ language consistent with the language in the EPA MACT standard 40 CFR §63.1063(d)(l)(v). The commission has made the suggested change. The TCC encouraged the agency to incorporate the language used in 40 CFR Part 63, Subpart 

### WW and revise 5115.112(d)(2)(A) to allow exemption for leg sleeves from the requirementto have a cover. The commission has madethe suggested changes. TxOGA suggestedthe word "emergency" be added before "roof drains" in 5115.112(d)(2)(A) and (D). The commission has not made the suggested change. The wording of §115.112(d)(2)(D) specifies that the requirement applies to roof drains that empty into the stored liquid. A roof drain system that uses a hose or piping to drain water from the roof to the side of the tank shell does not empty into the stored liquid and so would not be subject to the control requirement. Dow, COMAQ, and the TCC suggested replacing the phrase "working gasket" in §115.112(d)(2)(A)

# - (C) (and elsewhere in the proposed document) with the phrase "gasket in good operating condition" for clarity. Additionally, the TCC and COMAQ suggested revising §115.112(d)(2)(A) and (C) by changing the term "rim vent" to "rim space vent." The commission has madethe suggested changes. TO suggested the rule language in 5115.112(d)(2)(A) be deleted and replaced with language from 40 CFR §63.1063(a)(2)(i) and (ii) to read "each opening except for those for automatic bleeder vents (vacuum breaker vents) and rim space vents shall have its lower edge below the surface of the stored liquid. Each opening except for automatic bleeder vents (vacuum breaker vents), rim space vents, leg sleeves, and deck (roo9 drains shall be equipped with a deck cover. The deck cover shall be equipped with a gasket between the cover and the deck." The commission has made the suggested changes, with slight differences inwording to correspond to theformat of the existing ruleaswell asagency guidelines. Texas Registerguidelines, and Texas Legislative DraffingManual, August 2006. 

### lT0 suggested the rule language in §115.112(d)(2)(B) be deleted and replacedwith languagefrom40 CFR §63.1063(b)(4) to read "each automatic bleeder vent (vacuum breaker vent) and rim space vent shall be closed at all times, except when required to be open to relieve excess pressure or vacuum, in accordance with the manufacturer's design." TCC suggested revising §115.112(d)(2)(B) by adding the phrase "or at the manufacturer's recommendedsetting" sothat 5115.112(d)(2)(B) will be consistent with 5115.112(d)(2)(C) and with 40 CFR 363.1 063(b)(4). The commission has made the suggestedchanges. TxOGA suggested the rule language in §115.112(d)(2)(C) be clarified concerning the placement of gaskets on rim vents. TxOGA suggested that the language read "rim vent valves, if flanged, must be equippedwith a working gasket and the valve be set to open only when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting." The commission has revised the language in 5115.112(d)(2) to be consistent with language in 40 CFR §63.1063(a)(2)(iii). The new languageapplicable to rim vents is in §115.112(d)(2)(B). It specifiesthat rim space vents must be equipped with a gasketed lid, pallet, flapper, or other closure device instead of specifying that each rim vent be equipped with a gasket. 

### lT0 expressed support for exempting stub drains from the requirements of §115.112(d)(2)(D) and agreed with the commission's assessment that controls on stub drains would provide minimal VOC reductions. The commission appreciates the support. TxOGA suggested the rule language in §115.112(d)(2)(E) be clarifiedto read "there must be no visible holes, tears, or other openings in a primaryor secondary seal or seal fabric." TxOGA expressedthe opinion that the envelope on a mechanical shoe seal system is not partof the primaryor secondary seal, andthat the "no tear or hole" requirement should not be construed to apply to the envelope on a mechanicalshoe seal system. The commission has not madethe suggested change inthe rule language becausethe language applies to fabrics used to seal deck fittings as well as primary and secondary seals. The commission acknowledgesthat inspectingtheenvelope would bedifficult in a tank equipped with a secondary seal. The inspection requirements in 5115.114 do not require moving the secondary seal to inspect the primary seal. If a hole or tear in the envelope of a mechanical shoe seal is found, it must be repaired if it would cause an increase in VOC emissions. Information availableto commission staff indicatesthatthe envelope is part of the vapor barrier and thus any holes or tears found in the envelope must be repaired.



## 32 TexReg3188 June 8,2007 

## TaasRegisterTxOGA suggested the rule language in $115.112(d)(2)(F) be clarified to read "for external floating roof storage tanks, secondary seals must be the rim-mounted type (the seal must be continuous from the floating roof to the tank wall with the exception of gaps that do not exceed the following specifications). The accumulatedarea of gaps that exceed 118 inch (0.32 centimeters) inwidth between the secondary seal and the tank wall must be no greater than 1.0 square inch per foot (21 square centimeters per meter) of tank diameter." The cornmission has made the requested change. COMAQ, Dow. MPL, and TxOGA suggested that the TCEQ aC low the use of a pole sleeve option, similar to the EPA option in 40 CFR $60.1063(a)(2)(viii), to control VOC emissions from slotted guidepolesas an alternativeto a gasketed float as specified in $115.112(d)(2)(G). 

### lT0 suggested the rule language in §115.112(d)(2)(G) be deleted and replaced with language from both the EPA StorageTank Emission Reduction PartnershipPm gram (STERPP) 

### (65 FR 19891, April 13, 2000) and 40 CFR §63.1063(a)(2)(viii) to read"each openingfor a slotted guidepole shall be equipped with one of the following control device configurations: (i) a pole wiper and a polefloat. The wiper or seal of the polefloat shall be at or above the height of the pole wiper, (ii) a pole wiper and a pole sleeve, (iii) an internal sleeve emission control system, (iv) a flexible enclosure system, or (v) an externalfloating roof tank cover." TCC andTxOGA suggested revising $115.1 12(d)(2)(G)to adoptthe language of 40 CFR $63.1063 as well as allother control options providedinthe EPA STERPP (65 FR 19891, April 13, 2000). The commission has revised $115.112(d)(2)(G) to include the suggested options. 

### lT0 suggested the language in $115.112(d)(2)(H) be revised to read "the floating roof must be floating on the liquid surface at all times except when the floating roof is supported by the leg supports during the initial fill of a new floating roof storage tank or an existing floating roof storage tank that has been degassed andlor cleaned pursuantto Subchapter F ofthis chapter. or as allowed underthefollowing circumstances." lTOadditionally requested darificationin preamble language concerning under which. if any, circumstances uncontrolled landing emissions would not-berequiredto be routedto a control device in orderto comply with proposed 30 TAC $115.112(d)(2)(H). The commission has revised the language in $115.112(d)(2)(H) to allow refill of a tank that has been degassed and cleaned ao cordingto the requirements of Chapter 115, Subchapter F, Division 3. The commission has also modified preamble language to clarify that uncontrolled landing emissions would be allowed under an emissions cap as specified in $115.112(d)(2)(H)(v) or when total landing emissions at a site are less than 25 tpy as specified inthe new $115.112(d)(2)(H)(vi). Dow suggestedthat $115.112(d)(2)(H)(i)be clarified so that the phrase "when necessary for required maintenance or inspeo tion" includes maintenance and inspection activities required by both environmental regulations and by companylindividual site programs. COMAQ and TCC suggested removing the term "required" from $115.1 12(d)(2)(H)(i)since the term could be interpretedto mean the maintenance that is required by a particular rule. The commission has deleted the word "required" as requested. The intent 

### of the rule language is to allow landings when needed for maintenance and inspection whether the activities are needed in order to comply with environmental regulations or to satisfy company or individualsite programs. COMAQ, TCC, and lTOsuggested adding the phrase "but not limitedto" after "including" in $115.112(d)(2)(H)(ii). The commission has not made the requestedchange. Legally, the term "including" is understood to mean "but not limited to." The commission has changedthe wording to use the definition of incompatible liquid in$115.110, sothewording no longer contains the word "including." 

### lT0 requested that $115.112(d)(2)(H)(ii) be revised to read "when necessary for supporting a change in service to a liquid that is not compatible with the previouslystored liquid, including but not limited to gasoline with a different RVP to comply with applicable requirements; a termination of a contract for the storage of a liquid; a new customer or owner of a liquid coming into a storage tank; or off-spec products." The commission has revised the definition of "incompatible liquid" in $115.110 and has changed the wording of $115.112(d)(2)(H)(ii)to use the definition. Landings to replace off-spec products could be allowed under the revised definition 

### if the productto be loaded into the tank would be contaminated with the previously stored off-spec product to the extent that the newly-loaded product would be unusable for its intended purpose. The commission declines to allow landings for commercial reasons such as termination of a contract or a new customer or owner of a liquid but notes that facilities have the optionto authorize landing emissions under an emission limit or cap or a 25 tpy exemption as specified in $115.112(d)(2)(H)(v) and (vi). HSC requested that the proposed §115.112(d)(2)(H)(iii) be revised to change the reference to 25,000 gallons to 10,000 gallons and from l .5 psia to 0.5 psia. The purpose of the proposed §115.112(d)(2)(H)(iii) was to exempt floating roof tanks that store materialsthat could be stored in fixed-roof tanks without controls under $115.112(d)(l) from the prohibitionon tank landings. When a floating roof is landed, the tank functions essentially as a fixed roof tank, negating the emission reduction benelits of the floating roof. Because $115.112(d)(l) allows materials with a vapor pressure lessthan 1.5 psia to be stored in fixed roof tanks, restricting landings when the materials are stored infloating roof tanks would hold owners and operators who go beyond the requirements of the rule by storing such materials in floating roof tanks to an unnecessarily restrictive standard. As discussed in response to other comments, the commission has chosen not to require materialswith a vapor pressureof lessthan 1.5 psiato bestored in a floating rooftank or a fixed rooftank with controls. TxOGA and lTO suggested the rule language in $115.112(d)(2)(H)(iv) be clarified to read "(H) The floating roof must be floating on the liquid surface at all times except when the floating roof is supported by the leg supports during the initialfill or as allowed under the following circumstances: 

### (iv) when the vapors are routed to a control device from the time the roof is landed until it is within 10% of being refloated." The commenters expressed concern that vapor abatement equipment may experience problems if liquids are accidentally injected. The commission has madethe requestedchange. Dowexpressed supportfor afloatingroofstoragetank emissions cap in$115.1 12(d)(2)(H)(v)and suggestedthatthe cap does not



## DOPTED RULES June 8,2007 32 TexReg3189have to be sitewide in order to be effective. Dow suggested a structure similar to the TCEQ flexible air permitting program, where the regulated entity defines the universe of the storage tanks at a oiven site that can be included in the emissions cap. D~W also Ggiested allowing a single plant site to have multipie caps to address floating roof tanks in different geographical areas of the site. The commission has removed the term "sitewide" from $115.112(d)(2)(H)(v)as requested. COMAQ suggested clarifying $115.112(d)(2)(H)(v) to indicate that emissions from the landing of floating roof tanks can be authorized by an emission limit in a permit or permit by rule (PBR), or included in an emissions cap approved under 30TAC Chapter 116. TCC suggested removingtheterm "sitewide" from the preamble language and from §115.112(d)(2)(H)(v) and revising the rule languageto read "tank landings that comply with established Chapter 116emission limits or caps." Both Dowand TCC suggested the rule include PBR $106.263 (which can be used for tank landingsdueto scheduled maintenance, startups, or shutdowns) as an authorization option for the landing of the floating roof tanks for a single tank. The commission has removed the term "sitewide" from $115.112(d)(2)(H)(v) and added languageto clarify that landing emissions can be authorized by an emission limit or a cap

, under a Chapter 116 permit, as long as the limit expressly

includes landing loss emissions. The commission does not agree to allowthe use of a PBR to complywith the provisions of $115.112(d)(2)(H). Allowing use of PBR 5106.263 to authorize emissions from convenience landings could allow a site to add up to 25 tpy of VOC emissions in addition to landing loss emissions that have been authorized under an express permit limit or permit cap. 'The provisions of $115.112(d)(2)(H) would not prevent an owner or operatorfrom authorizing a newtank or change of service to an existing tank under an applicable PBR, but floating roof tank landings from any such tanks would have to either meet the requirements of $115.112(d)(2)(H)(i) 

# - (iv) or (vi) or be incorporated into an emission cap as referenced in $115.115(d)(2)(H)(v). lTO expressed support for the ajmpliance option authorizing the approval of sitewidefloating roof storagetank emission caps in permits issued under Chapter 116 but objected to the language that excludes an increase in caps from "otherwise prohibited roof landing emissions. lTOstated the language was vague, could be readto conflict with several existingcap agreements with the Executive Director, and the cap is more appropriately leftto the commission's permittingstaff. lTOsuggested the language "and the cap value is not increasedto account for emission from landingsthat would otherwise be prohibited" be deleted from 5115.112(d)(2)(H)(v). The purpose of rules in Chapter 115 requiring emission reductionsor controlsfrom specifictvDesof sources isto reduce emissions of VOC that are 'contrib;iing to ozone formation in ozone nonattainment areas. Requirements in Chapter 115 may thus be more stringent than would be required by the commission's permitting staff. The requirements for monitoring and control of HRVOC in Chapter 115, Subchapter H, are an example. Forthe current rulemaking, however, the commission has deleted the suggested language. HSC requested that $115.112(d)(2)(H)(v) be deleted. HSC objects to the use of an emission cap in lieu of a prohibition on convenience landings. For-hire terminals may have difficulty complyingwith a strict prohibition on convenience landings, sincethe terminalsdo notown the liquid inthetanks. Complyingwith individual emission limits or caps will require tank owners and operators to minimize landing loss emissions while allowingthem operational flexibility. lT0 suggested adding a new $115.112(d)(2)(H)(vi) and (vii) to read "(vi)when aggregatesitewide uncontrolledVOC emissions from all floating rooftank landings are less than 25 tons peryear on a rolling 12-month basis using the methodology for landing emissions in the UnitedStated Environmental ProtectionAgency AP-42 "Compilation of Air Pollutant Emission Factors" (revised November 2006); (vii) when landing emissions are authorized under an applicable permit by rule in Chapter 106 of this title." The commission agrees that an exemption from the prohibition on roof landings is appropriatefor facilities with low landing loss emissionsand hastherefore added $115.112(d)(2)(H)(vi)to provide an exemptionfor facilities with sitewide emissions lessthan 25 tpy. As noted in responseto a previous comment, the commission does not agreeto allowthe use of a PBR to comply with the provisions of $115.112(d)(2)(H). GHASP suggested that the vapor recovery system control effk ciency requirements in $115.112(d)(3) be changed from 90% to 95% citing that the New Source Performance Standardsspecify a minimum control efficiencyof 95%. The commission made no changes to the rule in responseto this comment. The focus of the rulemaking project was to effect real reductions inVOC emissions. Although the rule only requires a control efficiency of 90%, many of the control devices in use in fact reduce emissions by 95% or more. HSC requested that $115.112(d)(4) be made more stringent by requiring control of flash emissions for tanks with emissions of greater than or equal to 10tpy instead of the proposed levelof 25 tpy. The cost effectiveness of controls decreases proportionally to a source's emissions rate. If no pipeline is available to transport recovered vapors, emissions and energy use from tanker trucks would counter some of the benefits from vapor recovery. Other states that explicitly require control of flash emissions include Wyoming and Colorado. Wyoming requires control if uncontrolled emissions are greater than or equal to 40 tpy. The state-wide Colorado rule requires control if uncontrolled emissions are greater than or equal to 20 tpy. The commenter gave no specific justification for the proposed levelof 10tpy. Furthermore, the EPA expressed support for the 25 tpy threshold. EPA endorsedthe25 tpy threshold for control because it defines the major source level for severe ozone nonattainment areas. The commission appreciatesthe support. The TCC commented that the vapor pressure of certain liquid streams at oil and gas exploration and production sites may be greater than 11 psia because of the presence of entrained gas. TCC further requested the commission clarify that tanks containing crude oil and condensate streams that have a true vapor pressure less than 11 psia and meet the control requirementsof §115.112 Table 1(a), including storage inan externalfloating roof with a primary and secondary seal, are adequately controlled for the purposes of this rule. The commission do& not agree that crude oil and condensate streams with a reportedtrue vapor pressure less than 11 psia do not have flash emissions nor that storage in an external floating



## 32 TexReg3190 June 8,2007 TexasRegisterroof tank with primary and secondary seals provides adequate control if flash emissions are occurring. The commission acknowledgesthat the highest flash emissions would be expected to occur at upstreamoil andgas exploration and production sites when the stream is first exposedto atmospheric pressure. Tanks at midstream pipeline breakout stationswould also be expected to have higher potentialfor flash emissions than tanks at downstream petroleum refineries or petrochemical plants. For these reasons, the commission has revised the rule to require 

### control of flash emissions only at the upstream oil and gas exploration and production sites and at midstream pipeline breakout stations. TheTCC suggested the preamble(specificallypages 17 and 18) be revised to remove references to crude oil and condensate storageat all locations otherthan exploration and production facilities. Additionally, the TCC requestedthe commission clarify that the term "condensate" applies to the liquids produced from natural gas ratherthan those tanks at a petroleum plant that may receive condensate from a natural gas productionsite. TxOGA requested that the term Tanks" in §115.112(d)(4) be revised to the phrase "exploration and productiontanks.' The commission has changed §115.112(d)(4) and (5) to spee ify that control of flash emissions is required only for crude oil or condensate storage at upstream oil and gas exploration and production sites prior to custody transfer or at pipeline breakout stations. The requirements would not apply to downstream op erationssuch as crude oil and condensatestorage at petroleum refineries or petrochemical plants. Remote sensing projects carried out under TexAQS 

### II found plumes from crude oil storage tanks at refineries. Crudeoil and condensate transferred downstream may still contain dissolved gases; thus, flash emissions could still be occurring at these downstream locations. However, the H5IC study that was used to determine default emission factors for crude oil and condensate storage tested tanks at upstream sites only, and the test methods that were used to measurethe emissions would not be a~~licable to laraeexternal floating roofstorage tanks such astho& typically usdat refineries. Tanks at midstream ~i~eline breakout stations are also rea- "lated underthe rule as adbpted. Crude oil and condensatethit have been transferred through pressurized pipelines are likelyto flash when transferred to atmospheric storage tanks. The commission will continue to evaluate the extent of flash emissions at the downstream operations and may take action to regulate these sources at a later time. The TCC suggested consistency between the actual rule language in §115.112(d)(4) and the preamble for the rule with regards to estimating flash emissions usingthe methodthat yields the higher emission rate. The commission has moved the requirements that were proposed as §115.112(d)(4) to 9115.112(d)(5) and has revisedthe languageto state that if emissions determined using direct measurements or other methods approved bythe executive director under §115.112(d)(5)(A) or (D) are higher than emissions estimated using the default factors or charts in §115.112(d)(5)(B) or (C), the higher values must be used. The intent of allowing the use of default emission factors is to enable regulated entities to avoid the cost of performing measurements or complex computer simulations. However, if the regulated entichooses to use one of the more accurate, site-specific emissiondetermination methods. this information should be used in determining whether emissions exceedthe 25 tpy threshold. 'The TCC requested clarificationthat simulationmethods acceptable for use to estimate flash emissions include API EBP Tank

-. - Model and any other model as listed in the TCEQ El guidance document (Technical Supplement 6, January, 2007). The El guidance document lists a number of methods for estimating flash emissions and ranks them according to expected accuracy. These methods are used state-wide. Flash emissions have traditionally been under reported, and one goal of the current rulemaking is to obtain a better accounting of these emissions in the HGB area. Thus, some of the methods that may 

### be acceptable for estimating flash emissions in ozone attainment areas in West Texas may not be accurate for sources in the HGB area. The use of any simulation method is problematic, because the model must be run correctly using proper input data in order to get accurate results. Because of these problems, the commission has revised §115.112(d)(5) to delete the proposed §115.112(d)(4)(D)that would have allowedthe use of computer simulations. The new 9115.1 12(d)(5)(D) allows the useof other test methodsor computer simulations preapproved bythe executive directorto estimateflash emissions. Computer simulations can still be used, but must be pre-approved by the executive directorto make sure the simulation is used properly. HSC requested that §115.116(a)(l) and (b)(l) be made more stringent by changing the referenced vapor pressure from 1.0 psia to 0.5 psia. The requested changewould affecttanks inother nonattainment areas than HGB. Because noticefor the proposed rule indicated thatthe proposed changes would only applyto tanks in the HGB area, affected owners and operators in other areas of the state have not received proper notice of any changes that would affect their operations. Thus, the requestedchange is beyondthe scope of the current rulemaking. Dow and COMAQ suggested the removal of the word "reportable" from §115.116(a)(2) since the term "reportable" has other meanings in other portions of Texas air pollution regulations. The removal of the word "reportable" will clarify that the additional emissions must be included in the emissions inventoty report and then either recorded or reported per the applicable existing provisions in 30 TAC Chapter 101 (General Rules). TCC suggested revising §115.116(a)(2) to change the term "reportable" to "emission inventory reportable" to clarify that emissions from secondary seal gaps are not necessarily a reportable emission event as defined in Chapter 101, Subchapter F. The commission has changed the term "reportable" to "emissions inventory reportable" as suggested. CEMA suggested that language be added to the rule that acknowledges the option for facility operators to use internal combustion engine (ICE) based VOC oxidation systems to preventan unfair market advantage for the controltechnologies listed in Chapter 115 despite equal or better performance by ICE-based equipment. CEMA suggested revising the rule language in §115.116(a)(3) and (b)(3) and §115.546(2) to include a section that reads The output voltage of the engine exhaust oxygen sensor and the inlet and outlet gas temperature of the catalyticconverter on an internal combustion engine." The language in the rules does not specify nor exclude the use of any particular control technology as long as it achieves the required 90% reduction. The referenced rule sections do not'list monitoring requirements for all possible types of control. Moreover, the suggested monitoring languagefor ICE



## DOPTED RULES June 8,2007 32 TexReg3191equipmentwould not be sufiicientto insure that the ICE system is functioning properly. For example, PBR §106.533(9)(4) for remediation requires that owners or operators of ICE systems conduct an evaluation of engine effectiveness initially and at least weekly, using a photo ionization detector (PID) or flame ionization detector (FID) in conjunction with a flow meter to determine the quantity of carbon compounds in the inlet gas stream and the engine exhaust. The FID or PID instrument chosen must be capable of properly detecting the types of contaminants present. For these reasons, no changes have been made to the rule language in response to the comment, butthe absence of specific mention inthe rule does not exclude the use of ICE-based equipment. GHASP suggested that the owners and operators of facilities subject to the monitoring and recordkeeping requirements in 5115.116 be required 

### to report their performance parameters and efficiency calculationsbecause the public needs the opportunity to monitor these facilities. Facilities with Title V operating permits under 30 TAC Chapter 122 are requiredto submit annual reports stating whether they are in compliancewith all applicable requirements, which would include rules in Chapter 115. Owners or operators must also submit deviation reportsfor each six-month period if there have been deviations in permit terms or conditions during the period. The public can obtain copies of these reports (minus any confidential data) from TCEQ. TCEQ investigatorscan also request that monitored data or calculationsbe reported. EPA recommendedthat each requirement for 

### a two-year record retention time, including those in 5115.116(a)(5) and (b)(5), be changedto require a five-year record retention time, consistent with Title V and 30 TAC Chapter 122 requirements. The commission has not made the suggested change. Facilities with Title V permits are required to retain records for five years underTttle V and 30 TAC Chapter 122, regardless of the specified retention time in a specific rule. The requirements in §115.116(a)(5) and (b)(5) apply to sources outside the HGB nonattainment area. Thus, no changes can be made to these requirements at this time because public notice for the rulemaking indicatedthat the rule changes would apply only to sources in the HGB area. HSC requested that §115.116(c)(l) be made more stringent by changing40,000 gallons and 25,000 gallons to 10,000. The purpose of the recordkeeping requirement in 9115.1 16(c)(l) is to require owners and operators to maintain records documenting that the materials stored in tanks that are not equipped with controls as specified in Table I(a)or Table Il(a) of §115.112(a)(l) have vapor pressures low enough to be stored without controls. As noted in response to other comments, the commission has chosen not to change the size threshold at which tanks would be subject to controlsto 10,000 gallons. Dow and TCC suggested deleting the recordkeeping requirements in §115.116(~)(1) since the regulatedentity is already required to report this information through the Ttle V Operating Permitsprogram. TheTCC also suggestedthat if §115.116(~)(1) is not deleted, then the commission should clarify the phrase "length of time the material is stored" to indicate if the phrase refers to the date the tank is placed into service, the period of time it takes the tank to turnover, or the period of time that the liquidmaterial lies inthe tank while the roof is restingon its legs. The commission has maintained the referenced recordkeeping requirement to ensure that owners and operators have appropriate, current, readily available records to allow investigators to verify that materials stored in uncontrolledtanks have vapor pressures low enough to be stored without controls. Records in Title V operating permits may only refer to material safety data sheets that list a range of vapor pressures for an ill-defined material (such as bunker oil). The actual vapor pressure of such materials can vary with different suppliers, different shipments, or different production runs. Results of remote sensing studies have shown unexpectedVOC emissions from fixed-roof storage tanks that store materials with reportedly low vapor pressures. The commission has revised the language in §115.116(~)(1) to specify that the "length of time the material is stored" refers to the starting and ending dates that a material is or has been in the tank. HSC requestedthat §115.116(~)(2) be made more stringent by changingthe referencedemission levelfrom 25 tpy to 10 tpy. The purposeofthe recordkeeping requirement in §115.116(~)(2) is to documentthat emissions fromtanks not equipped with controls for flash emissions are below the level atwhich control is required. As discussedin response to other comments, the commission has chosen notto changethe levelfrom 25 tpy to 10tpy. Since the level has not changed, it would be inappropriateto revise this recordkeeping requirement. The TCC suggested revising 5115.116(~)(2) to read "the owner or operator of any Exploration and Production storage vessel



### .



## . . shall maintain records



## . . . The records must be updated annuallyand must be madeavailable for reviewas soon as possible upon request." The TCC suggested the commission use the "maximumauthorized emission rate"to satisfythe "projected emissions"requirement, ratherthan requiringthe owner or operator of an Exploration and Production storage vessel to speculatewithin the contextofthe ruleonthe projected tank emissions for the next year of operations. The commission has revised §115.116(~)(2) to specify that the recordkeeping requirement applies only to crudeoil and condensate stored prior to custody transfer or at midstream pipeline breakout stations. The commission agrees that the maximum authorized emission rate, if calculated to correctly account for flash emissions, can be used to document that emissions are less thanthe 25 tpy threshold for control and has deleted the requirement to project emissions for the next year. HSC requestedthat the rule be made morestringentbychanging 1.5 psia to 0.5 psia in §115.117(a)(l) and by changing 25,000 gallons to 10.000 gallons in §115.117(a)(3). As noted in response to earlier comments, the commission has decided to maintainthe exemption levels at 1.5 psia and 25,000 gallons. HSC requestedthat the rule be made more stringent by changing 1.5 psia to 0.5 psia in §115.117(b)(l) and (c)(l), by eliminatingthe exemption in §115.117(b)(2), by changing25,000 gallonsto 10,000 gallonsin§115.117(b)(3)and (c)(3). and changing 420,000 gallons to 10,000 gallons in §115.117(~)(4). The requested changes affect subsectionsthatwere notopened inthecurrent rulemakina. These subsections affect sources outside the HGBeight-hourozone nonattainmentarea. own& and operators of these sources have not beengiven proper notice of proposed changes and would not have an opportunity to com

## 32 TexReg31 92 June 8,2007 

## TexasRegisterment. Thus, making the suggestedchanges is beyondthe scope of the current rulemaking. GHASP suggested eliminating the exemptions for tanks constructed prior to 1980and 1982 and requiringthe installationof appropriate rim mounted secondary seals for external floating roof tanks. In instanceswhere upgradingthe tanks is not technologically feasible, GHASP suggestedthat those tanks should be relegated to service with liquids with vapor pressures less than 0.5 psia, or service exemptfrom NSPS Subpart Kb. The commissiondid not propose substantive changesto the referenced exemptionsin5115.11 7(4). (6), or (7). Making changes at this time is thus beyond the scope of the current rulemaking because itwould impose controls on owners or operators who have not receivedproper notice of additional regulatory requirements andwould not havean opportunityto comment. The commission may consider eliminating these exemptions in a future rulemaking. The EPA requested confirmationthat creditforthis rule has been appropriately prorated to reflect the extended time period allowedfor compliance. The purposeof the rulewas to reduceVOC emissions that have been previously unreportedor underreported in the El. For this reason, the commission has not taken credit for emissions reductions from this rule. The EPA requested confirmation that the new rule includes all components needed for enforcement purposes. In particular, the EPA noted that if cornpliance with the rule would necessitate emptying and degassing the tank, cornpliance would not be required until the next time the tank is emptied and degassed but not later than January 1, 2017. The EPA asked the commissionto consider whether existing reporting requirements are sufficientto allow inspectors to verify the most recent dateatank was emptiedand degassed andto add reporting requirements if necessaryto providefor enforceability of the rule. Commission general air quality rules in 30 TAC §101.20l(b) require owners or operators 

### to maintain records of scheduled maintenanceactivities,which would include tank degassing and cleaning. No changeswere made to the rule as a result of this comment. COMAQ suggested that TCEQ reconsider its position in §115.119(c) that the required control equipment could be put into placewithouttanks havingto betaken out of service, citing that COMAQ members' experience has been that any significant work on tank roof fittinas and seal systems requires tank de-inventory and degassing-in order to prevent unacceptable LEL readingsand personnel safety concerns. The commission maintains that certaintypes of roof fittings and controlsfor slottedguidepoles can be installedwithouttaking the tank out of service. However, the rule language in §115.119(c) statesthat compliance can be delayed beyondJanuary 1,2009, until the next time the tank is emptied and degassed if compliant equipment cannot be installed without taking the tank out of service. The decision whether equipment can be safely installed without taking the tank out of servicewill be made bythe owner or operator. The rule does not give specific requirements for provingthatthe installationcannot 

### be safely performed while thetank is inservice, but the owner or operatorshoulddocument and maintain for inspection purposes the rationale for delayed compliance. Dowsupports the TCEQ's consideration that storagevessels will have to be degassed and emptied to comply with §115.112(d) requirements, and suggested editing §115.119(c) to clarify that compliance with §§115.112(d), 115.115(c), and 115.116(c) is not required until the next scheduled emptying and degassingactivity after January 1, 2009. The comrnission appreciates the support, but does not agree that compliance isnot required until the next scheduledemptying and degassingactivity after January 1,2009. The reasonfor allowingthe delayof cornpliance isto avoid requiring that a tank be takenoutof service and degassedsolely forthe purpose of amplyingwith the new requirements. In some cases, the emissions that would occur from the degassing activity (even when complying with the revised requirements for degassing in Chapter 115, Subchapter F) would be greater than emissions that would be reduced by installingcompliant equipment. For tanks thatwill beemptied and degassed afterthe date the rule becomes effective but prior to January 1, 2009, the commission expects that equipment required to comply with the revised rules can be installedat that time, even though compliance is not required until January 1,2009. Owners and operatorswho are planningtank ernptyingand degassing activities should plan ahead to install compliant equipment at the next opportunity. EPA noted that the preamble discussionfor §115.119(c) states. "The commissionanticipates that most, if not all, of the required control equipment can be put into place without taking the tank out of service," and requested that the commission consider modifyingthe rule to require that most, if not all, of the components in the rules be met by January 1,2009. Industry commenters disagree with the commission'sstatement that most required control equipmentcan be put into placewithout taking a tank out of service. The rule language states that comoliance must be achieved bv Januarv 1.2009. unless compliancewould requireemptyingand degassing the.storagetank. A further reauirementthat "most" of the com~onents inthe rules be met by ~anuary 1,2009, would be unenforceable. HSCobjectedto delayed cornpliancefortanksthat mustbeemptied and degassed to install controls, since degassing is controlled, and stated that exceptions to not ernptying a tank for installation of controls should only be allowed based on a petition from a regulated entity that demonstrates that emissions from emptying and degassing cannot be controlled and that the tank must be emptiedto installthe controls. GHASP commented that the storage tank regulations inChapter 115 should mandate complianceby all affectedfacilities by January 1.2009. GHASP statedthat operating practicescan be modifiedto eliminate convenience landings and that if a facility choosesto install controls that requireemptying the tank, operating practicescan be modified untilthe tank maintenance is undertaken. In some cases, the emissions that would occur from the 

### degassing activity (evenwhen complying with the revised requirements for degassing in Chapter 115, Subchapter F) would be greater than emissionsthat would be reduced by installingcompliant equipment. Due to the high Cost effectiveness of requiring degassing controls on small tanks, the comrnission has revised the new degassing control requirementsto apply only to tanks with nominal capacity greater than or equal to 250,000 gallons or to tanks with nominal capacity greater than or equal to 75.000 gallons storing material with vapor pressure greater than 2.6 psia. If degassing is not controlled,emissionsfrom taking the tank out of service to install controls could negate the environmental benefh of the controls. The provision for delayed



## ADOPTED RULES 

## June 8,2007 

## 32 Tdeg 3193compliance is not anticipated to affect the compliance date for tank landings, since facilities can comply with the requirements by changes inoperational practices, as noted bythe commenter. HSC requested that the control requirements for VOC loading operations in 5115.212 be revised to require a control efficiency of 95% rather than 90%. The requested change is beyond the scope of the current rulemaking, since no changes were proposed to 5115.212. Staff consideredthis change to loading requirements as the rule proposal was being developed. According to available data in the El, most of the control devices in use were already reducing emissions by95%or more. Also, emissionsfrom controlled loading operations represent a small fraction of the total VOC from point sources in the HGB area. Thus, making this change would result in only minimal emissions reductions. RSI suggested the commission examine the upcoming South Coast Air Quality Management District (SCAQMD) tank degassing regulations. Thecommission has reviewedtheexisting SCAQMD regulations on tank degassing and commission staff has discussed upcoming changes with SCAQMD staff. GEM suggested degassing companies be required to provide notification of degassing activities if onsite inspections of tank degassing is going to be implemented. The commission requires notification of scheduled maintenance activities such as tank degassing if expected emissions will exceed a reportable quantity as defined in 30 TAC 5101 .I. A specific notificationrequirement may be considered in a future rulemaking. The TCC suggested the commission confirm in 5115.541 that if a covered tank is flooded with a diluent that has a true vapor pressure of lessthan 0.50 psia then the control requirements of this subchapter are no longer applicable. The commission does not agree that flooding a tank with a low vapor pressure diluent automatically negatesthe applicability of control requirements

### of Subchapter 

### F. Pocketsof material with a higher vapor pressuremay be present in sludge on the tank bottom and 

### be unaffected bythe use ofthe diluent. Use of a diluent would also create a mixture that would presumably 

### be a waste that could cause additionalVOC emissions when disposed. COMAQ suggested the emission specifications and control requirements for the degassing of storage tanks with a nominal capacity between 40,000 and 1 milliongallons should not be included in 9115.541(a)(l) and §115.547(2). COMAQ states that the 40,000 gallon threshold was arbitrarily chosen by the commissionand does nottake intoaccountthe quantityof emissions from the degassing process or the economic feasibility of installing the controls. TCC commentedthatthe minimum cost for complying withthe degassing requirements would be$5,000 and suggested revising the degassing emission specificationsapplicability threshold in 5115.541 from 40,000 gallons to 250,000 gallons. HSC requested that the rule be made more stringent by changing 40.000 gallons to 10,000 gallons in §115.541(a)(l) and 5115.547(2). Emission reductions that can be realized by requiring controlled degassing decrease as the size of the tank (and, thus, the amount of vapor space saturated with VOC) decreases. Control of degassing emissions is generally carried out by outside contractors who bring equipment to the site. The charge for bringing in and operating the equipment is generally the same regardless of the size of the tank to be degassed. Thus, the cost effectiveness for controlling degassing emissions for tanks as small as 10,000 gallons is much higher than for larger tanks. The commission does not believe that the cost for controlling degassing emissions from these smaller tanks is justified. As noted by TCC, the cost effectiveness for controlling degassing emissions from a 40,000 gallon tank storing a material with a vapor pressure of 0.5 psia would be greater than $60,000 per ton of VOC removed. The commission has estimated that the cost effectiveness of controlling degassing emissions from tanks with capacity of 250.000 gallons storing materials with a vapor pressureof 0.5 psia or higher would 

### be less than $12,000 perton. The cost effectivenessfor requiring degassing controls increases for smaller tanks and would exceed the $12,000 per ton value that is used in evaluating BACT. Thus, the commission has revised the applicability threshold to 250,000 gallons for tanks storing materials with vapor pressures down to 0.5 psia. However, smaller tanks storing more volatile materials would have higher emissions and lower cost effectiveness. Regulations applicable in the SCAQMD take the higher emission potential into account by requiring degassing controls for tanks as small as 19,815 gallons storing materials with a vapor pressure greater than 3.9 psia, andfor tanks as smallas 39,630 gallons storing materials with a vapor pressure greater than 2.6 psia. Commission staff estimated the cost effectivenessto control degassing emissions from tanks with a range of sizes and vapor pressures of stored liquid, and concluded that the cost effectiveness to control degassing emissions from tanks 75.000 gallons or larger storing materials with vapor pressure greater than 2.6 psia was approximately $20,000 per ton or less. The commission has revised the ruleto require degassing control for tanks with a capacity of 250,000 gallons or more. andfor tanks with capacity of 75.000 gallons to 250,000 gallons storing materialwith vapor pressure greater than 2.6 psia. HSC additionally requestedthatthe rule be made morestringent bychanging8,000 gallonsto 5,000 gallons in5115.541(a)(2)and by changing 420,000 gallons to 10.000 gallons in 5115.541(b) and 5115.547(2). The commenter gives no basis to support the requested changes. The rule proposal did not include a change in the size of transport or marine vessel that would be required to control degassing emissions. Thus, the requested change is beyond the scope of the current rulemaking. HSC requested that the rule be made more stringent by changing 90% to 95% in 5115.541(a)(I)(B) and (a)(2)(B) and in 5115.541(b)(2). The commission made no changesto the rule in responseto this comment. The focus of the rulemaking projectwas to effect real reductionsin VOC emissions. Although the rule only requires a control efficiency of 90%, many of the control devices in use in fact reduce emissions by 95% or more. GEM suggested 

### if the four vapor space turnover requirement remains part of the degassing rule then the commission should requirethat approved inlet vapor flow meters be installed at the inlet of the control device to help standardize the flow volume measurement. The commission has deleted the turnover requirement for affected sources in the HGB after January 1, 2009. The four vapor space turnover provision remains in effectfor sources inthe BPA nonattainmentarea, but changes that would affect sources



## 32 TexReg3194 

## June 8,2007 TexasRegisterin this area are beyondthescope of the current rulemaking since public notice indicated that rule changes were only being made for sources in the HGB area. HSC requestedthatthe rulebe made morestringent by changing 34,000 ppmv to 10,000 ppmv in 5115.542(a)(2) and (b)(5). The purpose of the proposed rule was to change the method for demonstrating when sufficient degassing had occurred, not changing the required level. The 34,000 ppmv level is based on requiring degassing control down to an equivalent partial pressure of 0.5 psia: 0.5/14.7'1,000.000 

### = 34,000 ppmv. Because no change to this levelwas proposed, lowering it is beyond the scope of this rulemaking. HSC requestedthat the rule be made more stringent by changing 34.000 ppmvto 10,000 ppmv in 5115.542(b)(4)and by eliminating the words "a turnover of at least four vapor space volumes has occurred, the partial vapor pressure is less than 0.5 psia (19,000 ppmw)



## . . . or the concentration of VOC is less than 20% of the lower explosive limit." The requirements in 5115.542(b)(4) apply to sources in the Beaumont-Port Arthur (BPA) and until January 1, 2009, in the HGB area. No changes affecting sources in BPA were proposed; thus, making the requested change is beyond the scope of the current rulemaking. The regulated community must have time to implement new rule requirements; thus, the current wording is necessaryto maintainthe applicability of the existing requirements in HGB until the compliance date for the new requirements. COMAQ requests that the TCEQ clarify whether "ventilated," "ventilation," and "vented" mean forced ventilation only, or both forced and passive ventilation as used in 5115.542(a)(6). In this same section, the TCC suggested clarifying the intent of the phrase "before dilution." The commission has revised the rule languageto use the term "ventedto the atmospherew for clarity. The commission has removed the word "before dilution" from the rule language as requested. The intent of the phrase "before dilution" was to emphasize thatvapors are notto be releasedtothe atmosphere untreated becausean excessivevolume of ventilation gas is used. Dependingon the type of control technology used to abate the degassingemissions, dilution gas is sometimes necessary to maintain safe conditions in the abatement device. The concentration measurement should be made before the dilution gas is added. TxOGA expressed general support for 5115.542 stating that the useofvaporconcentration rather than turnover volumefor determination of sufficient processingof vapors provides operational consistency during tank degassing. TxOGA suggested that the LEL is a better threshold for determining com~liance than the ppmv or ppmwdetermination and suggegedthat 5115.542(a)(5) and (6) be changedto add "50% LELaas a criteria for determining ihenvapors can be released to atmosphere instead of the 34,000 ppmv concentration limit. The commission agrees that a VOC concentration equivalent to 50% LEL will be lower than the 34,000 ppmv concentration criteria and 

### so has made the requested change in $115.542(6). The commission has not made the suggested change in 5115.542(a)(5) because this provision applies to sources in the BPA nonattainment area as well as to the HGB area until January 1, 2009. Because notice for the current rulemaking indicated that changes were being made only for the HGB area, changing the provision applicable to BPA is beyond the scope of the current rulemaking. Dow, TCC, and COMAQ suggested revising the periodic measurements required to confirm that the VOC concentration is less that 34,000 ppmv in 5115.542(a)(6)and (b)(5). The commenters suggestedthat three consecutive readings, eachtaken at a 12-hour interval, with a VOC concentration lessthan 34.000 ppmvduring ventilation is adequate to confirmthat theVOC concentration is not varying significantly andthat further checks every 12 hours are not warranted. The commission agrees that concentration measurements can be ceased at some point in the degassing and cleaning process but is concerned that if sludge remains in the tank after the initial degassing, VOC concentrations could decrease to less than 34.000 ppmv but later increasewhen thesludge is disturbed during the cleaning process. The commission has changedthe rule to specify that concentration measurements can be discontinued after five consecutive readings lessthan 34,000 ppmv. With readingstaken every 12 hours, the five readings would provide that the concentration would remain below 34,000 ppmv for at least 48 hours. VOC emissions associated with the removal of sludgefrom the tank may needto be recorded and reported under the maintenance rules in 30 TAC Chapter 101. The TCC suggested revising$115.541(a)(l)and $115.542(a)(5) to allow a delay in compliance until the next time the vessel is emptied but no later than January 1. 2017, if compliancewould require the installation of degassing nozzles or connections. However, if appropriate degassing nozzles can be added by changing out a manway, the TCC suggested the commission should consider revising $115.542(a)(5) to allow a manway to be opened for the short period of time necessary to change-out the manway to one with the appropriate nozzles. The commission does not agree that a delay in compliance is necessaryfor tanks that must have degassing nozzles or connections installed. Hatches with nozzles installed can be obtainedfor newly-affected tanks. The commissionhas not revised $115.542(a)(5) to specifically allow the manway opening. Maintenance activitiessuch as manwayopening are subjectto an affirmative defense as long as they complywith the general rules for maintenance in 30 TAC Chapter 101. The TCC suggested that §115.542(b)(5) be revised by adding the phrase "of the degassing operation." The commission has madethe suggested change. 

### 770 expressed support for the 34.000 ppmv trigger for controlling vapors duringtank degassing but requestedclarification that samplingto obtainVOC concentrationmeasurements duringdegassingdoes not require tank entryandVOC concentrationmeasurements can be taken from a tank's manway. TxOGA suggested that the preamble language regardingthe frequency aid methodfor measurement

### of VOC concentrations in$115.545(11) be modified to read 'the measurement should bemade at'the head space ofthevessel, as close as possibleto thetank bottom to ensure that the concentration measurement is representative of actual conditions. However, these measurements are to be taken at locationsthat do not endanger the safety of sampling personnel." The commission did not intend that VOC measurements be made insidethe tank or other locationthat would endanger the safety of sampling personnel.



## ADOPTED RULES June 8,2007 32 TexReg3195COMAQ, Dow, GEM, TCC, TO, and TxOGA suggested the agency allow acceptable alternate test methods for VOC concenbation measurements specified in §115.545(11). The suggested methods include EPA Method 25A; EPA Method 18, adjusted to allow for one bag sampleto be collected; bag sampling; portable hydrocarbon gas analyzer; PID; chemical specific detection tubes; and LEL meters. COMAQ commented that FlDs are not appropriatefortestingVOC innitrogen-rich, oxygen-poor atmospheres because the FID will "tlame out." Dow suggested that measurement of the total organic carbon (TOC) content of the condensate stream beallowedfor vesselsthat are degassed and cleaned via steam. The commission agrees that additional methods for measuring theVOC concentration would be acceptableand has revisedthe rule accordingly. The commission does not agree that chemical specific detectiontubes are appropriate because they are usually compound specific and could result infalse negatives. Also, the detection tubes might be difficult to operate in the tank degassing environment. The commission does not agreethat measurement of theTOC contentofthe condensate stream would be an appropriate indication of the VOC concentration of the vapor space. Evenif an accurate correlation betweentheTOC concentration ofthe condensate and the VOC inthe vapor space could be determined, use ofthis methodwould require the TCEQ staff to review and approve the correlation before it could be used. Tank degassing events are episodic and of short duration; approval of a correlationmight not be possible in time for it to be used. Dow and TCC suggested that the TCEQ clarify that the instrument response factor criteria in58.1 of EPA Method21 be for the average composition of the liquid in the tank, transport vessel, or marine vessel and not for each individualVOC in the liquid. Dow notedthat this approach isconsistentwith EPA's HON regulation in 40 CFR §63.180(b)(2)(i). The commissionagrees that use of the average composition of the tank contentsto determinethe instrument response factor is appropriate and has revisedthe rule accordingly. RSI suggestedthat the protocol for sampling and analyzing must be clearly defined so that enforcement does not have to merely assume that measurements are being done correctly. 'The commission has listed approved testing methods in §115.545(11) in order to ensure that measurements are being performed correctly. COMAQ suggested including an exemption from the emissions specifications and control requirementsifthe tank owner oroperator can demonstrate compliance would be economically unreasonable by revising§115.547(2) to read "degassingand cleaning



### . 

## . . any stationaryVOC storagetank with a nominal storage capacityof less than one million gallons, or any marine vessel, with a nominalstorage capacityof less than 10,000 barrels (420,000 gallons), isexemptfrom the requirementsof this division. In addition, a tank is exempt from the requirements of this division if its owner or operator can demonstrateto the satisfaction of the executive director that compliance with the requirementsof this division would be economically unreasonable." The commission does not agree that an exemption should beallowedfor individualtanks basedon whether control is "economically unreasonable." The rules in Chapter 115 must meet the standards that the EPA has set for reasonably available control technology (RACT). The EPA definition of RACT is "the lowest emission limitationthat a particular source can meet by applying a controltechnique that is reasonablyavailable considering technological and economic feasibility." The standard is economic feasibility, not economic reasonableness. With the revised applicability levels in the adopted rule basedontank size andvapor pressure of stored material, the commission maintainsthat control of degassing emissions from all affected tanks is economically reasonable as well as technically and economically feasible. RSI commented that calculating the destruction rate efficiency of abatement devices used to control emissions from the tank degassing process is not easily defined. Knowing the influent concentration in ppmv makeslogicalsensefor determiningwhen a tank degassing event isfinished but in order to determine the allowable emissions it is necessaryto also know the flow rate of the effluent in cubic feet per minute. The degassing rules do not require a calculation of allowable emissions from abatement devices. Thus, no changes have been made to the rule in responseto this comment. RSI expressed concern that their ICE technology, with destruction efficiency greater than 99.9%, will bepriced out of the market inTexas because these rules only requirea destruction efficiency of 90%. The commission has made no change to the rules as a result of this comment. Eventhoughthe rule only specifies 90% destructionefficiencv. other concerns mav drive reaulated entitiesto use more efficieit control equipment: When &gassing operitions are canied out as Dartof maintenanceactivities. emissions must

- - be minimized under the requirements of the general air quality rules in 30 TAC Chapter 101. Emissions from planned maintenance activities must be authorized under30 TAC Chapters 106 or 116according tothe schedule in30TAC 5101.222. Authorization will require use of BACT, which could require more stringent control than the minimum specified in 30 TAC §115.541. TxOGA expressed support for a portable equipment registration or certification program for vendors or contractors who provide degassing equipmentthat would certify that the vendor degassingequipment meetsTCEQ emission standardsandensure that contractor providing the portable equipment understands TCEQ rules and documentation requirements. Establishing a registration or certification program for degassing vendors or contractors is beyond the scope of the current rulemaking, butthe commission may consider such a program inthe future. HSC requested that the exemption for oceangoing, self-propelled marinevessels in §115.547(5) be removed so that these vessels must be degassed and cleaned when they have emptied their VOC cargo. The commission did not provide notice of any changeto the referenced exemption for oceangoing, self-propelled marine vessels. Thus, proper notice to the owners and operators of such vessels has not been given and making the requested change is beyond the scope ofthe current rulemaking. The commission may consider

### a changeto this exemption in future rulemaking. 

## SUBCHAPTER 

## B. GENERAL VOLATILE ORGANIC COMPOUND SOURCES DIVISION 

## 1. STORAGE OF VOLATILE ORGANIC COMPOUNDS 30 

### TAC gg115.110, 115.112 

# - 115.117,115.119



## 32 TexReg3196 

## June 8,2007 TexasRegisterSTATUTORY AUTHORITY The amendments and new rule are adopted 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 consistentwith 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 adopted 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.a14, concerning Emission Inventory, which authorizes the commission to require the submission of information concerning the emission of air contaminants; and 5382.016, concerning Monitoring Requirements;Examination of Records, which authorizes the commissionto require owners and operators of emission sources to maintain measuring and monitoring records and make such records available to the wrnmission. The rules are adopted under federal mandatescontained in42 USC, 57410, that require states to introduce pollution control measures in order to reach specific air quality standards in particular areas of the state. Theadopted amendments and newrule implementTexas Health and Safety Code, 55382.002, 382.011, 382.012, 382.014, and 382.016. $115.110. Definitions. The following words and terms, when used in this division (relating to Storage of Volatile Organic Compounds),have the following meanings, unless the context clearly indicates otherwise. Additional definitions for terms used in this division 

### are found in $83.2, 101.1, and 115.10 of this title (relatingto Definitions). (1) Deck cover--A devicethat coversan openingin a floating roofdeck. Somedeck coversmove horizontally relativetothe deck (i.e., a sliding cover). (2) Flexible enclosure system--A system that includes all of the following: a flexible device that completely encloses the slotted guidepoleandeliminates the hydrocarbonvaporemissionpathway from inside the tank through the guidepole slots to the outside air; a guidepole cover at the top of the guidepole; and a well cover positioned at the top ofthe guidepole wellthat seals any openingsbetween the well cover and the guidepole (e.g. pole wiper), any openings be

### tween the well cover and any other objects that pass through the well cover, and any other openingsin the top ofthe guidepolewell. (3) Incompatibleliquid--A liquid that is a differentchemical compound,a different chemicalmixture, a differentgrade of liquid material,ora fuelwith differentregulatory specifications provided that the chemicalcompound, chemicalmixture, gradeof liquid material,or fuel would be unusable for its intended purpose due to contamination from the previously stored liquid. (4) Internal sleeve emission control system--An emissions control system that includes all ofthe following: 

### an internalguidepole sleeve that eliminates the hydrocarbon vapor emissionpathway from inside the tank through the guidepole slots to the outside air; a guidepole cover at the top of the guidepole; and a well cover positioned at the top of the guidepole well that seals any openings between the well cover and the guidepole (e.g. pole wiper), any openings between the well cover and any other objects that pass through the well cover, and any other openings in the top ofthe guidepole well. (5) Pipeline breakout station--A facility along a pipeline containing storage vessels used to relieve surges or receive and store crude oil or condensate from the pipeline for reinjection into the pipeline and continued transportationby pipeline or to other facilities. (6) Polefloat-A float located inside a guidepole that floats on the surface of the stored liquid. The rim ofthe float has a wiper or sealthat extends to the inner surfaceof the pole. 

### (7) Pole sleeve--Adevicethat extends from either the cover or the rim of an opening in a floating roof deck to the outer surface of a pole that passes through the opening. The sleeve extends into the stored liquid. (8) Pole wiper--A sealthat extends from either the coveror the rim of an opening in a floatingroof deck to the outer surface of a pole that passes through the opening. (9) Slotted guidepole--A guidepole or gaugepole that has slots or holes through the wall of the pole. The slots or holes allow the stored liquid to flow into the pole at liquid levels above the lowest operating level. (10) Tank battery--A collection of equipmentused to separate, treat, store, and transfer crude oil, condensate, natural gas, and producedwater. Atank batterytypicallyreceives crude oil, condensate, natural gas, or some combinationofthese extractedproducts from several production wells for accumulation and separation prior totmnsmission to a natural gasplant orpetroleumrefinery. A collectionofstorage tanks at a pipeline breakout station,petroleum refinery, or petrochemical plant is not considered to be a tank battery. $115.112. ControlRequiremen&. (a) For all persons in the BeaurnontPort Arthur, Dallasffort Worth, El Paso, and until January 1, 2009, in the HoustonIGalvestoniBrazoria areas as defined in 5115.10 of this title (relating to Definitions), the following requirementsapply. (1) No person shall place, store, or hold in any station

### ary tank, reservoir, or other container any volatile organic compound 

### (VOC) unless such container is capable of maintaining working pressure sufficientat all times toprevent any vaporor gas loss to the atmosphere, or is equippedwith at least the control device specified inTable I(a) ofthis paragraph for VOC other than crudeoil and condensate, or Table II(a) of this paragraph for crude oil and condensate. Figure: 30 TAC $115.112(a)(1) (2) For floating roof storagetanks subject tothe provisions ofparagraph (1) of this subsection, the following requirements apply. (A) All openingsin an internalor external floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents must provide a projection below the liquid surface or be equipped with a cover, seal, or lid. Any cover, seal, or lid must be 

### in a closed (i.e., no visible gap)position at all timesexcept when the device is in actual use. (B) Automatic bleeder vents (vacuum breaker vents) must be closed at all times except when the roof is being floated off or landed on the roof leg supports. (C) Rim vents, if provided, must 

### be set to open only when the roof is being floated off theroofleg supportsor at the manufacturer's recommended setting.



## ADOPTED 

## RULES June 8,2007 32 TexReg 

## 319 7(D) Any roof drain that empties into the stored liquid must be equipped with a slotted membrane fabriccover that covers at least 90% of the area of the opening. (E) There must be no visibleholes,tears, orother openings in any seal or seal fabric. (F) For external floating roof storage tanks, secondary seals must be the rim-mounted type (the seal must be continuous from the floating roof to the tank wall). The accumulated area of gaps that exceed 118inch (0.32 centimeter) in width between the secondary seal and tank wallmustbe no greaterthan 1.0 squareinchperfoot(21square centimeters permeter) of tank diameter. (3) Vaporrecovery systemsused as a control device on any stationary tank,reservoir, orother containermust maintaina minimum control efficiency of 90%. (b) For all persons in 

### Gregg,Nueces, and Victoria Counties, the following requirements shall apply: (1) No person shall place, store, or hold in any stationary tank, reservoir, or other container any volatile organic compound (VOC), unless such container is capable ofmaintaining working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere, or is equipped with at least the control device specified in Table I(a) for VOC other than crude oil and condensate or Table II(a) for crude oil and condensate. (2) For floating roof storagetanks subject to the provisions of paragraph (1) of this subsection, the followingrequirements shall apply. (A) All openingsin an internalorexternalfloating roof, except for automatic bleeder vents (vacuum breaker vents) and rim space vents, must provide a projection below the liquid surface or be equipped with a cover, seal, or lid. Any cover, seal, or lid must be in a closed (i.e., no visiblegap)position at alltimes, except when the device is in actualuse. (B) Automatic bleeder vents (vacuum breaker vents) are to be closed at all times except when the roof is being floated off or landed on the roof leg supports. (C) 

### Rim vents, if provided, are to 

### be set to open only when the roof is being floatedoffthe roof leg supportsor at the manufacturer's recommended setting. 

### (D) Any roof drain that empties into the stored liquid shall be equipped with a slottedmembrane fabric cover that covers at least 90% of the area of the opening. (E) There shall be no visible holes, tears, orother openings in any seal or seal fabric. (F) For external floatingroof storagetanks, secondary seals shall be therim-mounted type (the seal shall be continuousfrom the floating roof to the tank wall). The accumulated area of gaps that exceed 118inch (0.32 centimeter)in width between the secondary seal and tank wall shallbe no greaterthan 1.0 squareinchper foot(21 square centimeterslmeter) of tank diameter. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio,andTravis Counties, the followingrequirements shall apply. (1) No person may place, store, or hold in any stationary tank, reservoir, or other container any VOC, other than crude oil or condensate, unless such container is capable of maintaining working pressure suffcient at all times to prevent any vapor or gas loss to the atmosphere,oris designedandequipped with atleast the control device specified in Table I(b) for VOC other than crude oil and condensate. F'igure: 30 TAC $1i5.112(c)(l) (No change.) (2) For floating roof storagetanks subjectto the provisions of paragraph (1) of this subsection, the following requirements shall
(A) There shallbeno visibleholes, tears,or other openings in any seal or seal fabric. (B) All tank gauging and sampling devices shall be vapor-tight exceptwhen gauging and samplingis taking place. (3) No person in Matagorda or San Patricio Counties shall place, store, or hold crude oil or condensate in any stationary tank, reservoir, or other container, unless such tank, reservoir,or other container is a pressuretank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is equipped with one of the following vapor-loss control devices, properly maintained and operated: (A) an internal floating cover or external floating roof as defined in $ 115.10 of this title (relatingto Definitions). This control eauipment shallnot be permitted if the VOC has a true vapor pressure of:l i.0 psia (75.8 kPa) orgreater. All tank-gauging andtak-sAmpling devices shall be vapor-tight, exceptwhen gaugingorsampling istaking place; or (B) a vapor recovery system as defined in $115.10 of this title (relatingto Definitions). (d) Forallpersons in the Houston/Galveston/Brau,ria area the following requirementsapply beginningJanuary 1, 2009. (1) No person shall place, store, or hold in any stationary 

### tank, reservoir,or othercontainerany VOC unless such container is capableofmaintaining workingpressure sufficientat all timesto prevent any vapor or gas loss to the atmosphere, oris equippedwith at least the control device specified in eitherTable I(a) of subsection (a)(]) of this section for VOC otherthan crude oil and condensate,or Table II(a) of subsection (a)(l) of this section for crude oil and condensate. (2) For floatingroof storagetanks subjectto the provisions of paragraph (1)of this subsection, the following requirements apply. (A) All openingsin an internal floating cover orexternal floating roof as defined in $115.10 of this title (relating to Definitions) except for automatic bleedervents (vacuum breaker vents), and rim space ventsmust provide aprojectionbelow the liquid surface. All openings in an internal floating cover or external floating roof except for automaticbleeder vents (vacuum breaker vents), rim space vents, leg sleeves, and roof drains must be equippedwith a deck cover. The deck cover mustbe equippedwith a gasket in good operating condition between the cover and the deck. The deck cover must be closed (i.e. no gap ofmore than 118inch)at all times, except when the covermust be open for access. (B) Automatic bleeder vents (vacuum breaker vents) and rim space vents must be equipped with a gasketed lid, pallet, flapper, or other closure device andmust be closed (i.e. no gapofmore than 118 inch) at all times except when required to be open to relieve excess pressure or vacuum, in accordance with the manufacturer's design. (C) Each opening into the internal floating cover for a fixedroof support column maybeequippedwith a flexible fabric sleeve seal instead of a deck cover. @) Any roof drain that empties into the stored liquid must be equipped with a slotted membrane fabric cover that covers at



## 32 TexReg3198 June 8,2007 TexasRegisterleast 90% ofthe area ofthe opening or an equivalentcontrol that must be kept in a closed (i.e., no gap of more than 118 inch) position at all times except when the drain is in actual use. Stub drains on internal floating roof tanks are not subject to this requirement. (E) There must be no visibleholes, tears, or other openings in any seal or seal fabric. (F) For external floating roof storage tanks, secondary seals must be the rim-mounted type (the seal must be continuous from the floating roof to the 

### tank wall with the exception of gaps that do not exceed the following specification). The accumulated area of gaps that exceed 118inch (0.32 centimeter)in width betweenthe secondary seal and tank wall must be no greaterthan 

### I .O square inch per foot (2 

### 1 square centimeters per meter) oftank diameter. 

### (G) Each opening for a slotted guidepole in an external floatingroof tank must be equipped with one ofthecontrol device configurations specified in clauses (i) 

## - (vi) ofthis subparagraph. (i) A pole wiper and a pole float. The wiper or seal of the pole float must be at or above the height ofthepole wiper. (ii) A pole wiper and a pole sleeve. (iii) 

### An internal sleeveemission control system. (iv) Retrofit to a solid guidepole system. (v) A flexible enclosure system. (vi) A cover on an external floating roof tank. (H) The floatingroof mustbe floatingon the liquid sur- face at all times except when the floating roof is supported by the leg supports or other support devices (e.g., hangers from the fixed roof) during the initial fill (includingrefill after the tank has been degassed and cleaned in accordance with 

## $5115.541

# - 115.547 of this title (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels) or as allowedunder the followingcircumstances: (i) when necessary for maintenance or inspection; (ii) when necessary for supportinga change in ser- vice to an incompatible liquid); (iii) when the storagetank has acapacityofless than 25,000 gallons or the vapor pressure of the material stored is less than 1.5 psia; (iv) when the vapors are routed to a control device from the time the floatingroofis landeduntil the floating roof is within ten percent by volume ofbeing refloated; (v) when all emissions from the tank, including emissions from roof landings, have been included in a floating roof storage tank emissions limit or cap approved under Chaptm 116 of this title (relating to Control of Air Pollution by Pennits for New Construction or Modification); or (vi) when all emissionsfrom floating roof landings at the regulated entity as defined in $ 101.1 ofthis title (relatingtoDefinitions) are less than 25 tons per year. (3) Vaporrecovery systemsused asa control deviceonany stationary

### tank,reservoir, or other containermust maintaina minimum control efficiency of 90%. (4) Storagetanks storing condensate priorto custody transfer must mute flashed gases to a vapor recovery systemor control &- vice if the liquid throughputthrough an individual 

### tank or the aggregate of tanks in a 

### tank battery exceeds 1,500 barrels (63,000 gallons) per year. (5) Storage tanks storing crude oil or condensate prior to custody transfer or at a pipeline breakout station must route flashed gases to a vapor recovery system 

### or control device if the uncontrolled VOC emissionsfrom an individual storagetank, or from the aggregate of tanks in a tank battery, have the potential to equal or exceed 25 tons per year on a rolling 12-month basis. Uncontrolled emissions must be estimatedby one of the followingmethods; however, if emissions determined using direct measurements or other methods approved by the executive directorunder subparagraphs (A) or (D)ofthisparagraph are higher than emissionsestimated using the default factorsor charts in subparagraphs(B) or (C) of this paragraph, the higher values must be used: (A) direct measurement using the measuring instruments and methods specified in $115.115 of this title (relating to Approved Test Methods); (B) using a factor of33.3 pounds ofVOC per barrel (42 gallons) of condensate produced or 1.6pounds of VOC per barrel (42 gallons) of oil produced; (C) for crude oil storage only,using the chart in Exhibit 2 of the United States Environmental Protection Agency publication Lessons Learnedfrom Natural Gas STAR Partners: Installing Vapor Recovery Unitson Crude OilStorage Tanks,October 2003, and assuming that the hydrocarbon vapors havea molecular weightof 34pounds per pound mole and are 48% by weight VOC; or @) other test methodor computer simulation approved bv the executivedirector. ~115.115.Approved TestMethoh. (a) Forthe BeaumontIPortArtj~ur, DallasiFortWorth, El Paso, and Houston/Galveston/Brazoriaareas, compliance with $115.112(a) and (d) of this title (relating to Control Requirements) must be determined by applying the followingtest methods, as appropriate: (1) Test Methods 14(40 Code of Federal Regulations (CFR) Part 60, Appendix A) fordeterminingflow rates, as necessary; (2) Test Method 18(40 CFR Part 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 22 (40 CFR Part 60, Appendix A) for visual determination of fugitive emissions from material sources and smoke emissions from flares; (4) Test Method 25 (40 CFR Part 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; (5) Test Methods 25A or 25B (40 CFR Part 60, Appendix A) for determining total gaseous organic concentrations using flame ionization ornondispersive infrared analysis; (6) test method describedin40 CFR $60.1 13a(a)(l)(ii)(effective April 8,1987) for measurement of storage tank seal gap; (7) determination of true vapor pressure using American Society for Testing and Materials (ASTM) Test Methods D323-89, D2879, D4953, D5 190, or D5 191for the measurement of Reid vapor pressure; or (8) minor modifications to these test methods approvedby the executive director. (b) For Gregg, Nueces, and Victoria Counties, compliance with $115.112@) of this title shall be determined by applying the followingtest methods, as appropriate: (1) Test Methods 14 (40 Code of Federal Regulations 60, Appendix A) for determining flow rates, as necessary;



## ADOPTEDRULES June 8,2007 32 TexReg3199(2) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for determining gaseousorganic compound emissionsby gas chromatography; (3) Test Method 22 (40 Code of Federal Regulations 60, Appendix A) for visual determination of fugitive emissions from material sources and smoke emissions from flares; (4) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for determiningtotal gaseous nonmethaneorganic emissions as carbon; (5) Test Methods25A or 25B (40 Code of Federal Regulations 60, Appendix A) for determiningtotal gaseous organic concentrations using flame ionization ornondispersiveinfrared analysis; (6) test method described in 40 CFR 60.1 13a(a)(l)(ii) (effective April 8, 1987) for measurementof storage 

### tank seal gap; (7) determinationoftrue vapor pressure usingASTM Test MethodsD323-89, D2879, D4953,D5190, or D5191 for the measurement of Reid vapor pressure; or (8) minor modifications to these test methodsapproved by the executive director. (c) For the Houston/Galveston/Brazoria area,compliancewith $ 115.1 12(d)(5)of this title may be determinedby using the following measurement instruments or applying the following test methods, as appropriate: (1) mass flow meter, positive displacement meter, or similar device over a 24-hour period representative of normal operation for flow measurements of flash gases. For crude oil and natural gas production sites, the flow measurements must be made while the producing wells are operational; and (2) test methods referenced in subsection (a)(2), (4), and (5) of this section or Gas ProcessorsAssociation Method 2286, TentativeMethod of Extended Analysis forNatural Gas and Similar Mixtures by TemperatureProgrammed Gas Chromatography, to measure the concentration ofVOC in the flashed gases; or (3) minor modifications to these test methods approvedby the executive director. 

### J115.116. Monitoring andRecordkeepingRequirements. (a) For all persons in the Beaumonflort Arthur, Dallas/Fort Worth, El Paso, and 

### Houston/Galveston/Brazoria areas, the following recordkeeping requirementsapply. (1) The owner or operator of any storage vessel with an external floatingroof that is exempted from the requirement for a secondary seal as specified in 

## 5 115.117(a)(l),(6), and (7) of this title (relating to Exemptions)and is used to store volatile organic compounds (VOC) with a true vapor pressure greater than 1.0 pounds per square inch absolute(psia) (6.9 kilo Pascals @Pa)) at storage conditions shall maintain records of the type of VOC stored and the average monthly true vapor pressure of the stored liquid. (2) The results of inspectionsrequired by $ 11 5.114(a) of this title (relating to Inspection Requirements) must be recorded. For secondaryseal gaps that are required to be physicallymeasured during inspection,these recordsmust include acalculation of emissions for all secondary seal gaps that exceed 118 inch (0.32 centimeter) where the accumulated area of such gaps is greaterthan 1.0 squareinch per foot (21 square centimetersper meter) of tank diameter. These calculated emissions inventory reportableemissions (Tr) must be reported in the annual emissions inventory submittal required by 101.10 ofthis title (relating to Emissions Inventory Requirements). The emissions must be calculated using the following methodology: (A) Allowable Seal Gap (greater than 118 inch wide): As (square inches)= 1 squareinch per tank diameter footx tank diameter. 

### (B) Measured Seal Gap: Ms (square inches). (C) Reportable Seal Gap Area: 

### Rs =Ms 

## - As in square inches. (D) Reportable Seal GaplAllowableRatio: 

### RRs = 

### Rs divided by As. (E) Tank Circumference: Tc (feet). 

### (F) Reportable Seal GapLength (total linear feet of seal gap greater than 118 inch gap width): 

### Rl. (G) Reportable Seal Gap LengttuTank Circumference Ratio: RRI = RVTc. (H) Tank Emissions (withgood single seal): Ts =Compilation of Air Pollutant Emission Factors (AP-42) Calculation (convert to poundslday). 

### (I) Tank Emissions (with twogood seals): Tss =AP-42 Calculation (convert to poundslday). Note: Use maximum local monthly average ambient temperature as reported by the National Weather Serviceto calculate true vapor pressure. (J) Emissions Inventory Reportable emissions: Tr (pounds) =(Ts 

## - Tss) x 

### RRs x 

### RRl x 90 days. Note: In no case should Tr be greater than (Ts 

## - Tss). (3) Affected persons shall install and maintain monitors to continuously measure and record operational parameters of any of the following emission control devices installed tomeet applicable control requirements. Such records must be sufficient to demonstrate proper functioningof those devices to design specifications, including: (A) the exhaust gas temperature immediately downstream of a direct-flame incinerator; 

### (B) the inlet and outlet gas temperature of a chiller or catalytic incinerator; and (C) the exhaust gas VOC concentration of any carbon adsorption system, as defined in $115.10 ofthis title (relating to Definitions), to determine ifbreakthrough has occurred. (4) The resultsof anytesting conductedin accordance with the provisions specified in $ 115.115(a) of this title (relating to Approved Test Methods)must be maintained at an affected facility. (5) All records must be maintained for two years and be made available for review upon request by authorized representatives of the executive director, the United States Environmental Protection Agency (EPA), or local air pollution control agencies with jurisdiction. (b) For all persons in Gregg, Nueces, and Victoria Counties, the following recordkeeping requirements shall apply. (1) The owner or operator of any storage vessel with an external floating roof which is exempted from the requirement for a secondary seal as specified in $115.117(b)(l), (6), and (7) of this title and used to store VOC with a true vapor pressure greater than 1.0 psia (6.9 kPa) at storage conditions shall maintain records of the type of VOC stored and the average monthly true vapor pressure of the stored liquid. (2) The results of inspections required by $115.114(b) of this title shall be recorded.



## 32 

## Tdeg 3200 

## June 8,2007 

## Texas

## Register(3) In Victoria County, affected persons shall install and maintain monitorsto continuously measure and record operational parameters of any of the following emission control devices installed to meet applicable control requirements. Such records must be sufficient to demonstrate proper functioning of those devicesto design specifications, including: (A) the exhaust gas temperature immediately downstreamof a direct-flame incinerator; 

### (B) the inlet and outlet gas temperatureof a chiller or catalytic incinerator; and (C) the exhaust gas VOC concentration of any carbon adsorption system, as defined in $ 115.10 of this title, to determine if breakthrough has occurred. (4) The results ofany testingconducted in accordancewith the provisions specifiedin $ 115.1 150)ofthis title shallbe maintained at an affected facility. (5) All records shall be maintained for two years and be made available for review upon request by authorized representatives ofthe executive director, EPA, or local airpollution control agencies. (c) For allpersons intheHouston/GalvestoniBrazoria area,the following recordkeeping requirementsapply in addition to those specified in subsection (a) of this section. (1) Theowner oroperatorofany stationarytank, reservoir, or containerwith a fixed roofthat isnot requiredto be equipped with a floatingroof or vapor recovery system,as specified in eitherTableI(a) orTableII(a)of$ 115.112(a)(l)ofthis title (relatingto Control Requirements), shall maintain records of the type ofVOC stored, the starting and ending dates when the materialis stored, and the true vapor pressure at the average monthly storage temperature of the stored liquid. Thisrequirement does not apply to storage tanks with nominal storage capacity of 25,000 gallons or less storingvolatile organic liquidsother than crude oil or condensate, or to storage tanks with nominal storage capacity of 40,000 gallons or less storing crude oil or condensate. (2) The owner or operator of any storage tank that stores crudeoil or condensate prior to custody transfer or at apipelinebreakout station and is not equipped with vapor recovery shall maintain recordsofthe estimated annual emissionsfromthe storage tank to document that the uncontrolled emissions are less than 25 tons per year. The records must be updated annually and must be made available for review within 72 hours upon requestby authorizedrepresentatives of the executive director, the EPA, or local air pollutioncontrol agencies withjurisdiction.
(a) For ail persons in the BeaumontPort Arthur, DallasFort Worth, El Paso, and Houston/Galveston/Brazoriaareas, the following exemptions apply. (1) Except as provided in $115.116 of this title (relating to Monitoring and Recordkeeping Requirements),any volatile organic compound (VOC) with a true vapor pressure less than 1.5 pounds per squareinch absolute (psia) (10.3 kilo Pascals (kF'a)) at storageconditionsis exempt fromthe requirements of this division (relatingto Storage of Volatile Organic Compounds). (2) Crude oil and condensate stored in tanks with a nominal capacity less than 210,000 gallons (794,850 liters), priorto custody transfer, is exempt fiom the requirements of this division. After January 1,2009,this exemption no longer applies in the Houston/Galveston/Brawria area. (3) Storage containers that have a capacity of less than 25,000 gallons (94,625 liters) located at motor vehicle fuel dispensing facilities are exempt from the requirements of this division. (4) A weldedtank with a mechanical shoe primary sealthat has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary seal) is exempt from the requirement for retrofitting with a rim-mounted secondary seal if the shoe-mounted secondary seal was installed or scheduled for installation before August 22, 1980.(5) External floating roof tanks storing waxy, high pour point crude oils 

### are exempt from any secondary seal requirements of $115.1 12(a)of this title (relatingto Control Requirements). (6) Any weldedtank storingVOC having a true vaporpres- sure less than 4.0 psia (27.6 Ha)is exempt from any external floating roof secondary seal requirement if any of the following types of 

### primary seals have been installed before August 22, 1980: (A) a mechanical shoe seal; (B) a liquid-mountedfoam seal; or (C) a liquid-mountedliquid filled type seal. (7) Any welded tank storing crude oil having a true vapor pressure equal to or greater than 4.0 psia (27.6 Ha)and less than 6.0 psia (41.4 Ha)at storage conditions is exemptfrom any external floating roof secondary seal requirement if any of the following types of primary seals have been installed before December 10, 1982: (A) a mechanical shoe seal; (B) a liquid-mountedfoam seal; or (C) a liquid-mountedliquid filled type seal. (8) Storage containersthat have a capacity ofno morethan 1,000 gallons are exempt from the requirements of this division. (9) Condensate storage tanks or tank batteries with a throughput exceeding 1,500 barrels (63,000 gallons) per year are exempt from the requirement in $ 115.112(d)(4) of this title to route flashed gases to a vapor recoverysystem or control device ifthe owner or operator demonstrates using~test methods specified in $ 

### 115.115(c) of thistitle, that uncontrolledVOC emissionsfromthe individual tank, or from the aggregate of storage tanks in a tank battery, are less than 25 tons per year on a rolling 12-month basis. (b) For all persons in Gregg, Nueces, and Victoria Counties, the following exemptions apply. (1) Except as provided in 

### 4 115.1 16of this title, any VOC with a true vapor pressure less than 1.5 psia (10.3 Ha)at storageconditions is exempt from the requirements ofthis division. (2) Crude oil and condensate storedin tankswith anominal capacity less than 210,000 gallons (794,850 liters), prior to custody transfer, is exempt from the requirements ofthis division. (3) Storage containers which have a capacity of less than 25,000 gallons (94,625 liters) located at motor vehicle fuel dispensing facilities are exempt from the requirementsofthis division. (4) A welded tank with a mechanical shoe primary seal which has a secondary seal from the top of the shoe seal to the 

### tank wall (a shoe-mounted secondary seal) is exempt fiom the requirement for retrofittingwith a rim-mounted secondaryseal ifthe shoe-mounted secondary seal was installed or scheduled for installation before August 22, 1980.



## ADOPTED RULES June 8,2007 32 TexReg3201(5) External floating roof tanks storing waxy, high pour point crude oils are exempt from any secondary seal requirements of 

### 4 115.1 12(b) of this title. (6) Any welded tank storingVOChavingatrue vaporpressurelessthan4.0psia(27.6 kPa)isexempt fromany external secondary seal requirementif any of the following types of primary seals have been installedbefore August 22, 1980: (A) a mechanical shoe seal; (B) a liquid-mounted foam seal; or (C) a liquid-mounted liquid filled type seal. (7) Any welded 

### tank storing crude oil having a true vapor pressure equal to or greater than 4.0 psia (27.6 kPa) and less than 6.0 psia (41.4 kPa) at storage conditions is exempt from any external secondary seal requirementifany ofthe following types ofprimary seals have been installedbefore December 10, 1982: (A) a mechanical shoe seal; (B) a liquid-mounted foam seal; or (C) a liquid-mounted liquid filled type seal. (8) Storage containers which have a capacity of no more than 1,000 gallons are exempt from the requirements ofthis division. (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties,the following exemptionsapply. (1) Any VOC with a true vapor pressure less than 1.5 psia (10.3kPa) at storageconditions isexempt from the requirementsofthis division. (2) Slotted samplingand gaugepipes installedin any floatingroof storage 

### tankare exemptfrom the provisions of $115.1 12(c)of this title. (3) Storage tanks with nominal capacitiesbetween 1,000 gallons (3,785 liters) and 25,000 gallons (94,625 liters) are exempt fromthe requirementsof 

### 4 115.112(~)(1) ofthistitle ifconstructionbegan before May 12, 1973. (4) Storage tanks with a nominal capacityof 420,000 gallons (1,589,700 liters) or less are exempt from the requirements of $ 115.112(c)(3) of this title. (5) Storage containers which have a capacity of no more than 1,000 gallons

### are exempt from the requirementsof this division. $11 5.11 9. Countiesand ComplianceSchedules. (a) The owner or operator of each stationary 

### tank,reservoir, or other container in which any volatile organic compound (VOC) is placed, stored, or held in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall continue to comply with thisdivision (relating to Storage ofVolatileOrganic Compounds) 

### as required by $1 15.930 of this title (relating to Compliance Dates). (b) The owner or operator of each stationary tank, reservoir, or other containerin which any VOC is placed, stored,orheld in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply with this division as soon aspracticable,but no later than March 1,2009. (c) The owneror operatorof each stationary 

### tank, reservoir,or othercontainerinwhich anyVOC isplaced, stored, orheld in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall comply with the requirements of $5115.112(d), 115.115(c), and 115.116(c) of this title (relating to Control Requirements; Approved Test Methods; and Monitoring and Recordkeeping Requirements)

### as soonaspracticable,but no laterthanJanuary 1,2009. If compliancewith theserequirementswould require emptyingand degassingofthe stationarytank, reservoir, or container,compliance isnot required until the next time the stationarytank, reservoir, or container is emptied or degassed but no later than January 1,201 7. The owner or operator of each stationary tank, reservoir,or container with a nominal capacityless than 210,000 gallons(794,850liters) storing crude oil and condensateprior to custody transfer in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall comply with the requirements of this division as soon as practicable but no later than January 1,2009,regardless if compliance with these requirementswould require emptying and degassing of the stationary tank, reservoir, or container. This agency herebycertifiesthattheadoption has been reviewed by legal counseland found to 

### be avalid exercise of the agency's legal authority.
Filedwith the Office of the Secretary of State on May 25, 2007. TRD-200702034 Robert Martinez Director, Environmental Law Division Texas Commission on EnvironmentalQuality Effective date: June 14,2007 Proposal publication date: December 29, 2006 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 gg115.541- 115.547,115.549 STATUTORYAUTHORITY The amendments are adopted under Texas Water Code, 55.102, conceming General Powers, 55.103,concerning Rules, and s5.105, 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, s382.017, conceming 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 adopted under Texas Health and Safety Code, s382.002. conceming 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; s382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; s382.012, conceming 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, conceming Emission Inventory, which authorizes the commission to require the submission of information concerning the emission of air contaminants; and s382.016, 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



## 32 TexReg3202 June 8,2007 TexasRegistermake such records available to the commission. The rules are adopted under federal mandates contained in 42 USC, 57410, that require states to introduce pollution control measures in order to reach specific air quality standards in particular areas of the state. The adopted amendments implement Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.014, and 382.016. $115.541. Emission Specifications. (a) For all persons in the Beaumonflort Arthur, DallasFort Worth, El Paso, and HoustodGalveston/Brazoriaareas as defined in $1 15.10 of this title (relating to Definitions), the following emission specifications apply to degassing during or in preparation ofcleaning. (1) For all stationary volatile organic compound (VOC) storage tanks with a nominal storage capacityofone million gallonsor more and after January 1, 2009, storage tanks in the HoustodGalvestonlBrazoriaarea with a nominal storagecapacity of 250,000 gallons or greater or with a nominal storage capacity of 75,000 gallons or greater storing materials with a true vapor pressure greater than 2.6 pounds per square inch absolute (psia). (A) Noperson shallpermit VOC emissions with avapor space partial hter than or equal to 0.5 psia (3.4kilo pascals (@a)) under actual storage conditionsunless the vapors are processed by a vapor control system. (B) The vapor control system must maintain a control efficiency of at least 90%. (C) When conducting degassingorcleaning operations, no avoidableliquidorgaseous leaks,asdetectedby sightorsound,may originate from the degassing or cleaning operations. @) The intentionalbypassing of avapor control device used during degassingor cleaning is prohibited.Any visibleVOC leak originatingfrom the vapor control device or other associated product recovery device must be repaired as soon as practical. (2) For all transport vessels, as defined in $ 115.10 of this title, with a nominal storage capacity of 8,000 gallonsor more. (A) Noperson shallpermitVOCemissionswith avapor spacepartial pressure greater than or equal to 0.5 psia (3.4 kPa) under actual storage conditions unless the vapors are processed by a vapor control system. (B) The vapor control system must maintain a control efficiency of at least 90%. (C) When conducting degassingorcleaning operations, no avoidable liquid orgaseous leaks, asdetectedby sightor sound,may originate from the degassing or cleaningoperations. @) The intentional bypassing of a vaporcontroldevice used during degassingorcleaning isprohibited. Any visible VOC leak originatingfrom the vapor control device or other associated product recovery device must be repaired as soon as practical. (E) All transport vessels, as defined in $115.10 of this title, must be kept vapor-tightat all times until theVOC vaporsremainingin the vessel 

### are dischargedto a vapor control system. (b) For all persons in the Beaumonflort Arthur and HoustodGalveston/Brazoria areas, the following emission specifications apply to degassing during or in preparationof cleaning for all marine vessels, as defined in $ 101.1of this title (relating to Definitions), that have a nominal storage capacity of 10,000 barrels (420,000 gallons) or more and contain VOC. (1) No person shall degasorclean atankthat carried aVOC with a vapor partial pressure greater than orequalto 0.5 psia (3.4 kPa) unless the vapors areprocessedby a vapor control system. (2) The vapor control system must 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 originate from the degassing or cleaning operations. (4) The intentional bypassing of a vapor control device used during degassing or cleaningisprohibited. Any visibleVOC leak originating from the vapor control device or other associatedproduct recovery device must be repaired as soon as possible. (5) All marine vessels, as defined in $101.1 of this title, containing VOCmust have all cargo tank closuresproperly secured,or maintain a negative pressure within the tank when a closure is opened, and must have all pressure/vacuumrelief valves operating within certified limits as specifiedby classification society or Rag state until the vapors are dischargedto a vapor control systemifthe vesselis degassed or cleaned. $115.542. ControlRequirements. (a) For all persons in the Beaumonflort Arthur, DallasFort Worth, ElPaso, and 

### Houston/Galveston/Brazoria areas as defined in $115.10 ofthis title (relating to Definitions),the following control

### requirements apply to stationary storage tanks andtmnsportvessels. (1) No person shall permit the degassing or cleaning of volatile organic compounds (VOC) from a stationary storage tank or transportvessel unless the vaporsare processedby a vapor controlsystem. (2) When degassing or cleaning is effected through the hatches of a transport vessel with a loading arm equipped with a vapor collection adapter, then pneumatic, hydraulic, or other mechanical meansmustbe provided to force a vapor-tightsealbetween the adapter and the hatch. A means must 

### be provided to minimizeliquid drainage from the degassing or cleaning device when it is removed from the hatch of any transport vessel or to accomplish drainage before such removal. (3) When degassing or cleaning is effected through the hatches or manways of stationary VOC storage tanks, all lines must 

### be equipped .with fittings that make vapor-tight connections and that are closed when disconnected;or equipped to pennit residual VOC in the line to discharge into a recovery or disposal system after degassing or cleaning is complete. (4) Degassing and cleaning equipment must be designed and operated to prevent avoidable VOC leaks. (5) In the Beaumonflort Arthur, DallasFort Worth, El Paso, and until January 1, 2009, in the 

### Houston/Galveston/Brazoria areas, vapors must be routed to the control device until a turnover of at least four vapor space volumes has 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) (19,000 parts per million by weight (ppmw), or 34,000 parts 

### per million by volume (ppmv) expressed as methane). After one ofthese conditions has been satisfied, the storage tank or transport vessel may 

### be vented to the atmosphere for the remainder ofthe degassingor cleaningprocess. (6) After January 1, 2009, in the Houston/Galveston/Brazoria area, vapors must be routed to the control device until the VOC measuredconcentration before the inlettothe controldeviceislessthan 34,000 ppmv asmethaneorless than 50% ofthe lower explosive limit (LEL).After this conditionhasbeen satisfied,-the storagetank orbans

## ADOPTED RULES June 

## 8,2007 

## 32 TexReg 

## 3203port vessel may be vented to the atmosphere for the remainder of the degassing or cleaning process providedthat the VOC concentration remains below 34,000ppmv as methaneor less than 50%oftheLEL. The VOC concentration must be measured once every 12hours if the storage tank or transport vessel is vented continuouslyto the atmosphere, and upon restart of the degassing and cleaningoperation if venting to the atmosphere has been suspended for more than four hours. If any measurements of theVOC concentrationequal or exceed 34,000ppmv as methane or are equal to or greaterthan 50%ofthe LEL, the storage 

### tank or transport vessel must be routed to the control device until the concentration is below 34,000 ppmv as methane or less than 50% of the LEL. While venting to the atmosphere,measurements must continue until five consecutive readings ofVOC concentrations collected at 12 hour intervals are measured to be less than 34,000ppmv or less than 50% of the LEL. (b) For all persons in the BeaumontPort Arthur and Houston/Galveston/Brazoria areas, the following control requirements apply to marine vessels. (1) No person shall permit the degassing or cleaning of a marine vessel containing VOC unless the vapors are processed by a vapor control system. (2) When degassing or cleaning is effected through the hatches of a marine vessel containing VOC with a loading 

### arm equipped with a vapor collection adapter, then pneumatic, hydraulic, or other mechanical means must be provided to force a vapor-tight seal between the adapter and the hatch, or a negative pressure inside the cargo 

### tank must be maintained. A means must 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 VOC or to accomplish drainagebefore such removal. (3) Degassing and cleaning equipment must be designed and operated to prevent avoidableVOC leaks. (4) In the BeaumontPort Arthur area and until January 1, 2009, in the Houston/Galveston/Brazoria area, vapors must be routed to the control deviceuntil the marinevesselis stripped VOC liquid-free and a turnover of at least four vapor space volumes has occurred, the partial vapor pressure is less than 0.5 psia (19,000 ppmw, or 34,000 ppmv expressed asmethane), or the concentrationofVOC is less than 20% of the LEL. After one of these conditions has been satisfied, the marine vessel may be vented to the atmosphere for the remainder of the degassing or cleaningprocess. (5) After January 1, 2009, in the HoustoniGalveston/Brazoria area, vapors must be routed to the control deviceuntil the VOC measured concentrationbeforetheinlettothecontroldevice is lessthan 34,000 ppmv as methane or less 

### than 50% ofthe LEL. After this condition has been satisfied, themarinevessel may be vented to the atmosphere for the remainder of the degassing or cleaningprocess provided that the VOC concentration remains below 34,000 ppmv as methane or less than 50% of the LEL. The VOC concentration must be measured once every 12hours ifthe marine vessel is vented continuously to the atmosphere, and upon restart of the degassing and cleaning operation if venting to the atmosphere hasbeen suspended for more than four hours. If any measurements of the VOC concentration equal or exceed 34,000ppmv as methane or 

### are equalto or greaterthan 50% of the LEL, the marine vessel must be routed to the control device until the concentration is below 34,000ppmv as methane or less than 50% ofthe LEL. While ventingto the atmosphere, measurementsmust continue until five consecutive readings ofVOC concentrations collected at 12-hour intervals are measured to be less than 34,000ppmv or less than 50% of the LEL. J115.543. Alternote ConmlRequirements. For all persons in the BeaumontPort Arthur, DallaslFort Worth, El Paso, and Houston/Galveston/Brazoriaareas as defined in 

### 5115.10 of this title (relating to Definitions), alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Degassing or Cleaningof Stationary, Marine, and TransportVessels)may be approved by the executive director in accordance with 5115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstratedto be substantially equivalent. J115.544. InspectionRequirements. For all persons in the BeaumontPort Arthur, DallaslFort Worth, El Paso, and Houston/Galveston/Brazoriaareas as defined in 

### 5115.10 of thistitle (relating toDefinitions),the following inspection requirements apply. (1) Inspection for visible liquidleaks,visible fumes, or significant odors resulting from volatile organic compound (VOC) transfer operations must be conducted during each degassing or cleaning operationby the owner or operator of the VOC degassing and cleaning facility. (2) VOC degassingor cleaning through the affected transfer lines must be discontinuedwhen a leak is observed and the leak cannot be repaired within a reasonable length oftime. The intentional bypassing of a vapor control device during cleaning or degassing is prohibited. J115.545. Approved TestMethods. For the BeaumontTort Arthur, DallaslFort Worth, El Paso, and Houston/Galveston/Brazoria areas asdefinedin 

### 5115.10 ofthis title (relating to Definitions), compliance with 5115.541 and 5115.542 of this title (relating to Emission Specifications and Control Requirements) must be determinedby applying the followingtest methods, as appropriate: (1) Test Methods 1-4 (40 Code of Federal Regulations (CFR) Part 60, AppendixA) for determiningflow rates; (2) Test Method 18 (40 CFR Part 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography; (3) Test Method 25 (40 CFR Part 60, AppendixA) for determiningtotal gaseous nonmethane organic emissions as carbon; (4) Test Methods 25A or 25B (40 CFR Part 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis; (5) additional test procedures described in 40 CFR §60.503@), (c), and (d) (effective February 14, 1989)for determining compliance for bulk gasoline terminals; (6) Test Method 21 (40 CFR Part 60, Appendix A) for determining volatile organic compound (VOC) leaks; (7) determination of true vapor pressure using American Society for Testing and Materials (ASTM) Test Method D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with API Publication 2517, Third Edition, 1989; (8) Test Method 27 (40 CFR Part 60,Appendix A) for determining tank-truck leaks; (9) 40 CFR §63.565(c) (effective September 19, 1995) or 40 CFR §61.304(f) (effective October 17,2000) for determination of marine vessel vapor tightness; (10) minor modifications to these test methods approved by the executive director; or



## 32 TpxReg3204 June 8, 

## 2007 TaasRegister(11) VOC concentration measurements required by 

### 0 115.542(a)(6) and (b)(5) of this title (relating to Control Requirements) must be performed using one of the methods or measurement instruments listed in subparagraphs (A) 

## - (F) ofthis paragraph. (A) TestMethod2 1(40CFRPart 60,AppendixA). The instrument response factor criteria in $8.1 of the United States EnvironmentalProtection Agency Method 21 may be determined usingthe average composition ofthe liquid in the tank rather than for each individual liquid.(B) Test Method 18 (40 CFR Part 60, Appendix A) except that only one bag sample needs to be collected for each concentrationmeasurement. (C) Bag samples,provided the means of collectingthe sample and the type of bag used are appropriate and representative of the type of space being sampledand the analyticalmethod used to evaluatebag contents are appropriateforthe concentration levelsand cornpound types. 

### (D) Test Method 25A (40 CFR Part 60, Appendix A). (E) Portable hydrocarbon gas analyzer using an appropriate detector that is effective in the concentration range being measured and calibrated with compounds of interest in each case. Analyzersmust be calibrated and maintained according to manufacturer's specifications. 

### (F) Lower explosive limit detector. The detectormust be calibrated and maintained according to manufacturer's specifications. $115.546. MonitoringandRecordkeepingRequirements. For facilitiesin the Beaumonflort Arthur, DallaslFort Worth,

### El Paso, and Houston/Galveston/Brazoria areas as defined in tj115.10 of this title (relatingto Definitions) affected by tj1 15.541 and 0115.542 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 availableupon request to representativesofthe executivedirector, the United States Environmental Protection Agency, or any local air pollution control agency havingjurisdiction in the area: (1) for storage 

### tank,transport vessel, or marine vessel degassing or cleaning operations: (A) a record ofthe type and numberofall transport vessels, stationary VOC storage 

### tanks, and marine vessels that are degassed or cleaned at the affected facility; (B) the chemical name and estimated liquid quantity of VOC contained in each vessel prior to degassingor cleaning; (C) the chemicalname and estimated liquid quantity of VOC removed from each storage 

### tank,transport vessel,ormarine vessel; and @) after January 1, 2009, in the HoustodGalveston/Brazoria area, a record of the measurements of VOC concentration or percent oflowerexplosive limit from the storagetank, transport vessel, or marine vessel being degassed while the tank or vessel is vented to the atmosphere; (2) for vapor control systems: (A) continuous monitoringandrecording ofthe exhaust gastemperature immediately downstreamofa direct-flame incinerator; (B) continuous monitoring and recording of the inlet and outletgas temperature of a catalytic incinerator; and (C) continuous monitoringandrecordingofthe exhaust gas VOC concentration for carbon adsorption systemsthat contain facilities to regenerate the carbon bed directly, as defined in 01 15.10 of this title (relating to Definitions);orperiodic monitoring of the exhaust gas VOC as specified by 40 Code of Federal Replations $61.354(d) (effective October 17,2000),ofany carbonadsorption systemthat does not regenerate the carbon bed directly, to determine breakthrough; (3) the results of any leak inspection and repair conducted in accordance with the provisions specified in 81 15.544 of this title (relating to Inspection Requirements); and (4) the results of any testing conducted in accordancewith the provisions specified in $ 115.545 of this title (relatingto Approved Test Methods). $115.547. Exemptions. For all persons in the Beaumonflort Arthur, DallasEort Worth, El Paso, and Houston/Galveston/Brazoria areas as defined in tj115.10 of this title (relatingto Definitions), the following exemptionsapply. (1) Degassing or cleaning any storage tank, transport vessel, or marine vessel with a vapor space partial pressure less than 0.5 poundsper square inch absolute (psia) (3.4 kilo Pascals)ofvolatileorganic compound (VOC)under actual storageconditions isexemptfrom the requirements of this division (relating to Degassing or Cleaning of Stationary, Marine, and Transport Vessels). (2) Degassing or cleaningany transport vessel with a nom- inal storage capacityof lessthan 8,000gallons, or any stationaryVOC storagetank with a nominal storage capacity ofless than 1million gallons, orany marine vessel with a nominal storagecapacity of lessthan 10,000 barrels (420,000 gallons), is exempt from the requirementsof this division. AkrJanuary 1, 2009, stationary VOC storage tanks in the Houston/Galveston/Brazoriaarea with a nominal storage capacity and vapor pressure of stored liquid aslisted in subparagraphs (A) and (B) of this paragraph are no longer exempt from the requirementsof this division.(A) Storage tanks withnominal storagecapacity greater than or equal to 250,000 gallons but less than 1million gallons. (B) Storage

### tankswithnominal storagecapacity greater than or equal to 75,000 gallons but less than 250,000 gallons storing materials with true vapor pressure greaterthan 2.6 psia. (3) Any stationary VOC storage tank during preventative maintenance,roof repair, primary seal inspection, or removal and installation of a secondary seal, if product is not moved in or out of the storage 

### tank, emissions are minimized, and the repair 

### is completed within seven calendar days, is exempt from the requirements of this division. (4) Any marine vessel that has sustained damage that prevents a cargo tank's opening from being properly secured, causes the onboard vapor recovery system to be inoperative, or prevents the pressure/vacuum relief valves fromoperating within certifid limits as specified by classification society or flag state is exempt from $ 115.541(b) and $115.542(b) of this title (relating to Emission Specifications and Control Requirements); however, all reasonable measures must be taken to minimizeVOC emissions. (5) Any oceangoing, self-propelled marine vessel is exempt from the degassing or cleaningrequirementsofthis division. Thisagency herebycertif~es thatthe adoption has been reviewed by legalcounsel and found to be a valid exerciseof the agency's legal authority.
Filedwith the Office of the Secretary of State on May 

### 25.2007.



### ADOPTED RULES 

## June 8,200

### 7 32 

## TexReg 3205TRD-200702035 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: June 14. 2007 Proposal publication date: December 29,2006 For further information, please call: (512) 239-6087 

# + + + CHAPTER 

## 117. CONT POLLUTION FROM NI The Texas Commission commission) adopts the repeal o 117.105 

# - 117.111, 117.113 

# - 117.119. 117.121. 117.131, 117.133 

# - 117.135, 117.143, 117.145, 117.147, 117.203, 117.205 

# - 117.211, 117.221, 117.223,117.260,117. .265.117.273,117.279, 117.283, 117.301, 117.305,117. .311.117.313,117.319, 117.321, 117.401, 117.405,117. .411,117.413,117.419, 117.421, 117.451, 117.455, 117. .460,117.461,117.463, 117.465.117.467, 117.469, 117. 117.479, 117.481,117.510, 1 117.534, 117.570. and 117. new §§117.10, 117.100, 117.123, 117.125, 117.130, 117.152,117.154.117.156, 117.215, 117.223,117.225, 117.252.117.254,117.256, 117.315,117.320,117.323, 117.345, 117.350,117.352, 117.4 10. 117.423,117.425, 117.450, 11 7.454, 117.45 117.1010, 117.1015, 117.1 117.1045, 117.1052, 117.1 117.1105, 117.1110, 117 117.1140, 117.1145, 117 117.1203, 117.1205, 117 117.1235, 117.1240, 117 117.1300, 117.1303, 117.1 117.1345, 117.1350, 117.1 117.2010, 117.2025, 117 117.2103. 117.2110, 117 117.3000, 117.3003, 117 117.3035, 117.3040, 117 117.3101, 117.3103, 117 117.3140, 117.3142, 117 117.3205, 117.3210, 117 117.3325, 117.3330, 117 117.4025, 11 7.4035, 117 117.4105, 117.4125, 117 117.4200, 117.4205. 117 117.8110, 117.8120, 117 117.9020, 117.9030, 117 117.9200, 117.9210, 117 117.9800, and 117.9810. 117.1210(b), 117.1225, 117.2025, 117.2110(h), 117.3123(f), 117.3125, 7.3325. Sections 117.110(c), 117.125, 11 7.310(c), 117.325, 117.1010(b), 117.1025, 117.1225, 117.2010(i), 1 correspond to portions cluded from the EPA-app Sections 11 7.41 0(d), .2110(h), 117.2125, 17.3325 are portions that have not previThe commission ad 117.10, 117.101,

Chapter 117 will be sub- adopted without changes and the t will not be republished. BACKGROUND AND SUMMARY THE FACTUAL FO~ 

### THE ADOPTED RLILES cept for the following GENERAL BACKGROUND 

# P

32 TexReg3206 June 8,2007 TexasRegister