GEORGE W. BUSH GOVERNOR



### Ms.JaneSaginaw RegionalAdministrator STATE OF TEXAS OFFICE OF THE GOVERNOR 

### September20, 1995

U. S. EnviromentalProtectionAgency Region6 1445 RossAvenue Dallas,Texas 75202-2733 DearMs. Saginaw:**L-~~· ----~--**  ____; f\SF'**'--~~--** ':**:~~** L__

___ _,6i:\ ·----



### Enclosedarerevisionsto30TACChapter 116,whichwereadoptedbytheTexasNatural ResourceConservationCommissiononJuly26, 1995. Therevisedsectionsincludednew §116.614,concerningStandardPermitDefinitions,andanew§116.615,concerning GeneralConditions. Inaddition, §116.610,concerningApplicability,and §116.617, concerningStandardPermitList,wererevised. Thenewsectionsandamendments streamlinethe permitprocessforoilandgasfacilitiesandestablishanewstandardpermit foroilandgasfacilitiesundernew§116.617(3). Therevisionsarebeingsubmittedto youasaproposedrevisiontotheStateImplementationPlan(SIP). Alsoenclosedisa publichearingcertification,asrequiredby40CFR51.102(f);acompleterecordofthe publichearing;andtheadoptionOrder. IlookforwardtoyourexpeditiousapprovalofthisrevisiontotheTexasSIP.

GWB:ab Enclosures

cc: Mr.DanPearson,ExecutiveDirector,TexasNaturalResourceConservation Commission

Posr 01'1'1CE Box 12428 AurnN, TEXAS 78711 (512)46'}-2000 (VoJCE)/(512)475·3165(IDD)John Hall, Chairman Pam Reed,Commissioner R. B. "'Ralph" Marquez,Commissioner Dan Pearson,**Ex~cutive Dir~ctor**  

### TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ProtedingTexa.sbgRedudngandPreventingPollution



### THE STATE OF TEXAS § COUNTY OF TRAVIS §

This is to certify that the attached are true and correct copies of revisions to 30 TAC Chapter 116 and the State Implementation Plan adopted on July 26, 1995 pursuant to.40 Code of Federal Regulations (CFR), §51.104. Prior to the adoption of the revisions, a public hearing was held pursuant to 40 CFR, §51.102(a), and notice of the hearing was given which conformed to the requirements of 40 CFR, §51.102(d). I am the custodian of the records of the Commission.

To certify which, witness my hand and the seal of the Texas Natural Resource Conservation Commission, this the 26th day of July, 1995.

P.O. Box 13087 

### Chief Clerk Texas Natural Resource Conservation Commission

Austin,Texas78711-3087 512/239-1000 prinkdon**r~cwled** paprrU!IO,I:**~(1\'-ha~ed** mk

### Texas Natural Resource Conservation Commission Public Hearing April 5, 1995 30 TAC Chapter 116

Standard Permits

### INTRODUCTION

A public hearing was held in Austin on April 5, 1995 to consider

new §116.14, concerning Standard Permit Definitions and new §116.615, concerning General Conditions. In addition, revisions

were proposed to §116.610, concerning Applicability and §116.617, concerning Standard Permit List. The proposed new sections and amendments streamline the permit process for oil and gas facilities and establish a new standard permit for oil and gas facilities under new §116.617(3).

Written comments were accepted through April 7, 1995. All testimony and comments have been reviewed and seriously considered. This volume contains a complete record of the public hearing and is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation of Testimony

o Staff Recommendations

Additional copies of this hearing record are maintained in the TNRCC central office at 12118 North IH-35, Austin, Texas 78753. For further information, contact Sam Wells at (512) 239-1441.

# PUBLIC NOTIFICATION AND PROPOSAL

### PUBLIC NOTIFICATION

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

1. Publication of the notice of public hearing in the following newspapers on the dates listed:

El Paso Times-Herald Post; March 3, 1995 Fort Worth Star-Telegram; March 3, 1995 Houston Chronicle; March 3, 1995 San Antonio Express-News; March 5, 1995

2. Publication of the public hearing notice and proposed rule in the Texas Register on March 3, 1995.

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

Speaker of the House Lieutenant Governor Dallas Department of Health and Human Services El Paso City-County Health District Fort Worth Public Health Department Galveston County Health District Houston Department of Health and Human ServicesHarris County Pollution Control Department City of El Paso North Central Texas Council of Governments Houston-Galveston Area Council South East Texas Regional Planning Commission Arkansas Department of Pollution Control and Ecology Louisiana Department of Environmental Quality New Mexico Air Quality Bureau Oklahoma State Department of Health U. S. Environmental Protection AgencyEXAMPLE OF NEWSPAPER CLASSIFIED AD San Antonio Express-News March 5, 1995

NOTICEOF**PUBl~**HEARING BYTHETEXASNATURAlRESOURCECONSERVATION COMMISSKIN

.ONPROPOSED**RE~SIONS**TO30lACCHAPTER116AND THESTATEIMPLEMEIITATIONPLAN Notice is hereby given that pursuant to the requirements ol the Texas Health and Safety Code, §382.017; Texas Goveinment Code, Subchapter B, Chapter 2001: and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning State lmplementalion Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or Commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 116 and 1.he SIP. The TNRCC proposed new §116.14, concerning Standard Permit Definitions, and new §116.615, concerning General Conditions. In addition, the TNRCC proposes amendments to §116.610, concerning Applicability, and §116.617, concerning Standard Permit List. The proposed new sections and amendments streamline the permit process for oil and gas facilities and establish a new standard permit foroil andgasfacilities undernew §116.617(3). A public hearing on the proposal will be held April 5, 1995 at 10:00 a.m. in Room 201A of TNRCC Building B, located at12124 North IH35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments not presented atthe hearing may be submitted to the TNRCC central office in Austin through April 7, 1995. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. on April 7, 1995 will be considered by the Commission prior to any final action onthe proposal. Please mail written comments to Lisa Martin, Office of Policy and Regulatory Development, P.O. Box 13087, Austin, Texas 78711-3087. Copies of the revision are availableat !hecentral office of theTNRCC, locatedat 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For technical information, contact Tammy Villareal at (512) 239-1283. For general information, contact SamWells at (512) 239·1441. Persons with disabilities who have special communication or otheraccommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible. Issued inAustin, Texas, on February23, 1995. Kevin McCalla Acting Director, Legal Services Texas Natural Resource

Conservation Commissionviolating the following permit provisions contained in lNRCCPermitNumber 19154:,Special Provision 2: failuretomonitordailyoxygen contentofexhaustattheinlet to the catalytic converter on theWaukesha 7042 GSJ and the Superior SG-825 engines identified as EPNs 10 and 58, tomaintaininletoxygenconcentrationsin therangeof 1,000 to 5,000ppmv; and, Special Provision 2: failure to conduct annual evaluations of catalyst degradation by measuring NOx concentrations upstream and downstream ofthe catalytic converter on theWaukesha 7042 GSJ and the Superior SG-825 engines identified as EPNs 10 and 58, NOTICE: The lNRCC mailed notice of the previously-referenced violations to the Company on August 16, 1993,PENALTY: $21,000, STAFFATTORNEY: LisaUselton,(512) 239-5692, REGIONALOFFICE: 6421 Camp Bowie Boulevard, Suite 312, Ft. Worth, Texas 76116, (817) 732-5531 Issued in Austin, Texas, on Fet:ruary 27, 1995. TAD·9502404 Kevin McCalla Aalng Director, Legal Services DM&Ion Texaa Natural Resource Conaarvatlon Commlsalon Filed: February 27, t995 

# • • • Notice of Public Hearing (Standard Permits) Notice isherebygiventhatpursuantto therequirementsof the Texas Health and SafetyCode, §382.017; Texas GovernmentCode, SubchapterB, Chapter 20()1; and40Code ofFederalRegulations, §51.102oftheUnited StatesEnvironmental ProtectionAgencyregulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Cornmiasion (lNRCC or Commission) will conduct apublic hearing to receive testimony concerning revisions to Chapter 116 and the SIP. ThelNRCCproposes new §116.14, concerning Standard PermitDefinitions and new§116.615,concerning General Conditions. In addition, lNRCCproposes amendments to §116.610, concerning Applicability and §116.617, concerning Standard Permit List. Theproposed new sections and amendments streamline thepermitproceas for oil and gas facilities and establish a new standard permit for oil and gas facilities under new §116.617(3). A public hearing on the proposal will be held April 5, 1995,at 10:00a.m. in Room201Aof1NRCCBuildingB. locatedat 12124NorthIH-35, Park35TechnologyCenter, Austin,Texas. Thehearing is structuredfor the receiptof oral or written comments by interested persons. Individuals maypresentoral statements when called upon in order ofregistration. Open discussion within the audience will not occur during the hearing; however, a lNRCC staff member will be available to discuas theproposal 30 minutesprior to the hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the lNRCCcentraloffice in Austin through April 7, 1995. Materialreceived by thelNRCCOffice of PolicyandRegulatoryDevelopmentby4:00p.m.on April 7, 1995will be consideredby theCommissionpriorto any final actionon theproposal. Pleasemailwrittencomments to LisaMartin, OfficeofPolicy and RegulatoryDevelopment, P.O. Box 13087,Austin,Texas78711-3087. Copies of the revision are available at the central office ofthe lNRCClocated at 12118 North JH-35, Park 35 Techno!- 

# • ogy Center, Building E. Austin, and at all lNRCC regional offlces. For technical information, contact Tammy Villareal at (512) 239-1283. For generalinformation,contact Sam Wells at (512) 239-1441. Persons with disabilities who have special communication orotheraccommodation needs who areplanning to attend thehearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible. Issued in Austin, Texas, on February 24, 1995. TAD-9502363 Kevi'l McCalla Acting Director, Legal Servloaa DM&Ion Texaa Natural Resource Conaarv8llon Commission Filed: February 24, t995 

# • • • Public Utility 

### Commission of TexaS Notice of Application to 

### Amend Certificate of Convenience and Necessity Notice is given to the public ofthe filing with the Public Utility Commission ofTexas ofan applicatioo on February 17, 1995, to amend a CertificateofConvenience and Necessitypursuantto §§16(a), 17(e),50,52, and54ofthe Public Utility RegulatoryAct A summary ofthe application follows. DocketTitleandNumber:ApplicationofMidwestElectric Cooperative, Inc. for a Certificate of Convenience and Necessityfor aTransmission Line within Scurry County, Docket Number 13951 beforethe Public Utility Commission of Texas. TheApplication:InDocketNumber 13951,MidwestElectric Cooperative, Inc. requests approval ofits application toconstructapproximately 14milesof69-kYtransmission line. Persons who wish to intervene in the proceeding orcommentupon action sought; shouldcontact thePublic Utility Commission ofTexas, at 7800 Shoal Creek Boulevard, Suite400N,Austin,Texas78757,orcallthePublicUtility Public Wormation Division at (512) 458-0388, or (512) 458-0221 for teletypewriter for thedeafwithin 15 daysof this notice. Issued in Austin, Texas, on February 27, 1995. TAD-9502400 John M. Renfrow Secre1ary of the Cornmlsslon PubHc Ullllty CorMllsslon or Texaa Filed: February 27, 1995 

# • • • Notice of Intent to File an Application for Approval of a Customer-Specific Contract Pursuant to Substantive Rule 

### 23.27 Notice is given to thepublic ofthe intent to flle with the Public Utility Commission of Texas an application pursuant to Public Utility Commiasion Substantive Rule 23.27 for approval ofcustomer-specific contract for Billing and Collection Services. TariffTitleandNumber. ApplicationofSouthwesternBell Telephone Company for Approval of Customer-Specific IN ADDITION March 3, 1995 20 Te:rReg 1585and follow lor applicants, certilicands,**licens~** ees and the general publtc. There will be no effecton smallbusinesses.There is no anttctpaled economic cost lo persons who are**re~** qui'ed 10 comply with the rule as proposed. Comments on the proposal maybe submiHed to JanK:e C. Alvarez, Texas Slate Board of Examiners of Psychologis1s, 9101 Burnet Road, Suite 212, Austin, Texas 78758, (512) 835-2036. The amendment is proposed under Texas Civil Statutes, Arttckl 4512c, which provKie the Texas State Board ol Examiners ol Psy· chologistswith the authorityto makeall rules, not inconsistent with the Constitution and Lawsofthis State,whtch are reasonably nee· essary lor the proper performance of its duties and regulations of proceedings before it. The proposed amendment does not aHect other statutes, arttcles, or codes. §465./J. Termination ofEmployment. On termination of employment in an agency. the psychologist should cooperate in facilitating the transfer of the agency's patients or clients to other staff members of the agency. [Upon termination ofthepsychologist's employment, patient or client files remain theproperry ofthe employing agen· cy.] This section is not intended to infringe on the right or the individual patients or clients to choose their own therapist. This agency hereby certifiesthatthe proposal has been reviewe.:t by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on Fetruary 22, 1995. TA0·9502312 Rebecca E. Forkner Exerutive Director Texas Stale Board of Examineno ol Psychologists Earliest possible date of adoption: April 3, 1995 For fw1her information, please call: (512) 835-2036 

# • • Chapter 4 73. Fees
• 22 TAC §473..5 

# •

The Texas State Board of Examiners of Psy· chologists prql()ses an amendment to §473.5, concerning miscellaneous tees. The amendment ts being propose.:t in order to include those fees charged for duplicate re· newal permits and nottces. Rebecca E. FOO·mer, executive director, has determined that lor the first five-year period the rule ts in eHect there will be no fiscal impltcations tor state or local government as a resutl. ot enforcing or administeringthe rule. Ms.**F~ner** also has determined thai for each year of the first frve year-5 the rule is in eUect thepl.bltcbenefit anttcipate.:t as a result of enforcingthe rule will bethat the Boardwill generate adequate funds to tunction eHtciently and to ensure that the Board has an adequate cash balance to carry out the man· dates of the Psychologists' Certiftcation and Licensing Act.There willbe noeHed onsmall businesses.The anticipaled economtccostto personswho are requi'ed to comply with the ruleasproposedwill be indirectproportionto the benefit received from the requested re· newal permit and/or nottce. Commentsonthe proposal maybe slbmitted to Jantce C. Alvarez, Texas Slate Board of Examiners of Psychologists, 9101 Burnet Road, Sui1e 212, Austin, Texas78758, (512) 835-2036. The amendment is proposed under Texas Civil Statutes, At1icle 4512c, which provide the Texas State Board of Examiners of Psy· chologistswith the authorityto make all rules, not inconsistent with the Constitution and lawsofthisState,whichare reasonably nee· essary lor the proper per1ormance of its du· ties and regulations of proceedings before it. The proposed amendment does not aHect other stalutes, articles, or codes. §473.5. Miscellaneous Fees (Not refundable). (a)·Ul (No change.) (k) Cost of destroyed, lost or stolen $10 annual renewal permits (I) Costora replacement renewal notice $10. Thisagencyherebycertifiesthatthe proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on February 22, 1995. TRD-9502314 RebecCa E. Forkner Executive Director Texas Stela Board ol Examiner-5 ol Psychologlals Earliest**possi~** date of adoption: Apil 3, 1995 For fw1her information, please call: (512) 835-2036 

# • • • TITLE 30. ENVIRONMENTAL QUALITY 

### Part I. 

### Texas Natural Resource Conservation Commission Chapter 116. Control of Air Pollution by Permits for New Construction or Modification The Texas Natural Resource Conservalion Commission (TNRCC or Commission) proposes new §116.14, concerning Standard Permit Definitions and new §116. 615,**con~** cerning General Condilions. Also, TNRCC proposes amendments to §118. 610, concerning A.Wiicability and §116.617, concerning Slandard Permit List. The proposed new sectionsandamendmentsstreamlinethe per· mit process tor oil and gas facilities and es· lablish a new standard permit lor oil and gas facilities under new §116.617(3).

20 TexRrg 1506 March 3, 1995 Taas Register • The s1andard permil simplifies and acceler· ales the permit review process by establishing stardardized conditions targeting the oil ard gas industry. The specifte condi1ions are wrinento ensile bolh the application of Besl Available ControlTechnology (BACl) aswell asprotedionofthe public healthandwelfare. tf ·an oi ard gas**fac~ity** meets all ol the condittons ofthe newstandard permit,then it wouk:l not be necessary to slhmita general applicalion under the requirements of §116.111. ThiswiR streamline the agency**re~** view process and aiiCM' more rapid app:oval lhan wouk:l be possible under new SOISCe review permits. Sedion 116.14 acijsa definition torthe term ·oilardgasfacility: Sedion 116.610 is modtfied to delete the General Conditions and relitle the sedion to •Applicability: Section 116.615incll

. desthe general conditions nCM' located in §116.610 ardaddsapplicable**oe~>­** etal**cond~ions** fourd in SLbchapter B, COilceming appriC8ble new soLJ""ce review permits. Section 116.617 contains the startdatd permits list ard adds a new standard permit f6r oil and gas facilities. Steve Mnick, Stralegic Planning ard Appropriations Division, hasdeterminedthai forthe first five-year periodthe sections are in eHect. there**w~l** be no major fiscal**i~r.cations** for stale or local government as a result of ertforcing or administering the sections. Mr. Minick aiso hasdetermined that lor each yearofthe firSt frve years the sedionsare in effecttheplhlicbenefit anticipatedasa resul. ofenforcing the sectionswiD be better utiliza· lionof staff resources by aiiCM'ingthe permits staff to allocate more time on the review of permit applications tor**co~lex fac~ities,**  and toreducethe review time for smallerfacilities whtch have a lesssignificant impactonambient airquality. There**w~l** be minimalcoststo the regulated industry tor the proposed rukls changestothe GeneralCondrtions. Forfacilities qualifying Ia an Oil ard Gas Standattf**Perm~.** a Hal lee ol $450 will be charged insteadofbasingthe fee onthecapitalcostof the projed, as required for a formal Subchapter B permit This should reduce start-14> costs to the oil ard gas irdustry

. There is noanttcipated economic costtopersons who are requi'ed to comply with the sections as prql()sed. A pl.blic hearing on the proposal will be held April 5, 1995, al10:00 a.m. in Room 201A of TNRCC Building B, located al 12124 North IH-35, Pari< 35 Technology Center, Austin. The hearing is strucllled tor the receipt of oral or written comments by interested**per~** sons. Individualsmaypresentoral stalements when called upon in order of reQistraHon. Open discussion within the al..dience wiD noc OCCIS duringthe hearing; hCM'ever, a TNRCC staff member wiD be available to discussthe prql()sal30 minutes priortothe hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be sl.bmitted to the TNACC central offiCe in Austinthrough April7, 1995.Material received bythe TNRCC Office ol Policy and Regulatory Development by 4:00 p.m. on

# ) Apri 7, 1995 will be considered by 1he Commission pria lo any final actton on the proposal. Please mail written comments to Usa Manin,OffiCe of Policy and Regulatory Development, P.O. Box 13087, Austin, Texas 78711-3087. Copiesofthe revision are avail· able a1 lhe central otfoce of lhe TNRCC fo. caled al 12118 North IH-35, Park 35 TechnologyCenter, Buik1ing E, Austin, and al aJI TNRCC regk>na.l offices. Fa technical information, contaCI Tammy Villareal a1 (512)**23~1283.** Fa general infamaJion, contact Sam Wells at (512) 239-1441. Persons with disabilities who have special communication a other accommodation needswhoare**~anning**toanendlhe hearing shoul:l contactlheagency al(512) 239-1459. Requests shouki be made as far in advance as possiJie. 

### Subchapter A. Definitions • 30 TAC §116.14 The newsection isproposed undertheTexas Heafth and SafelyCode, Texas Clean Ai'Ad (TCAA), §382.017, which provi:les 1he TNACC**w~h** the**aulhor~y** foadopt rules consislenl**w~h** lhe policy and pu-poses of the TCAA. The puposed new sectk>n affects the HeaHh and Safely Code, §382.017. §116.14. StandardPermitDefinitions. Oil and gas facility-For the purposes of Subchapter F of this chapter (relating lo StandardPermits)only,oil and gasfacilities shall be defined as facility clusters which handlegasesand liquids associated with the production, conditioning, processing, and pipelinetransfer offluids found in geologic formations beneath the earth's surface. Theseoil and gasfacilities include. but are notlimitedto: oil orgasproduction facility clusters; saltwaterdisposal facility clusters; carbon dioxide separation facility clusters; or oil or gas pipeline facility clusten consisting of one or more tanks. separators. dehydration units, free water knockouts. gunbarrels, heater treaters. vapor recovery units, flares. pumps. internal combustion engines, gas turbines. compressors. natural gasliquid recovery units, or gas sweetening and other gas conditioning facilities. This deflnition does not include sulfur recovery units. Thisagency hereby certifies lhalfheproposal has been reviewed by legal counsel and fourd lo be within the agency's aulhaity to adopt Issued in Austin, Texas, on February 24, 1995. TAD-9502364 Kevin McCalla Acting Director, Legal Services Division Texas Natural Resource Conservalion Commission Proposed date of adoption: May 17, 1995 For h.nher inlormation, please call: (512) 239-1966 

# • • • Subchapter F. Standard Permits • 30 TAC §§ll6.610, 116.615, ]]6.617 The amendments and new seclton are pro· posed under lhe Texas HeaKh and Safety Cocle, Texas Clean Air ACI (TCAA), §382.017, which provides lhe TNRCC with lhe authority to adopt rules consislenl wilh lhe policy and p'-"f'OSOS of the TCAA. The proposed amendments and new sedion affedthe HeaHh andSafelyCocle, §382.017. §116.610. Applicabiliry [andGeneral Con· ditions). (a)-(g) (No change.) §116.615. General Conditions. The following general conditions shall be applicable to holders ofstandard permits, but may not be specifically stated within the standard permit document. (1) Protection of public health and welfare. Theemissionsfrom thefacility shall comply with all applicable rules and regulations of the Texas Natural Resource Conservation Commission (lNRCC or Commission) adopted under the Texas Health and Safety Code, Chapter 382, and with intent of the Texas Clean Air Acl (TCAA), including protection ofhealth and property of the public. (2) Standard permit representations. All representations with regard to construction plans. operating procedures. and maximum emission rates in any registration for a standardpermit become conditions·upon which the facility or changes thereto shall beconstructed and operated. 11 shall be unlawful for any person to vary from such representationsifthechangewill affectthatperson'sright to claim astandard permit under this section. Any change in condition such that a person is no longer eligible to claim a standard permit under this section requires proper authorization under §116.110 ofthis title (relating toApplicability). The owner or operator of the facility must notify the lNRCC of any otherchangeinconditionswhich willresult in a change in the method of control of emissions. a change in the character of the emissions, or anincreaseinthedischargeof the various emission as compared to the representationsintheoriginalregistrationor any previous notification of a change in representations. Noticeofchangesin representations must be received by the lNRCC no later than 30 days after-the change. (3) Standard permit in lieu of permit amendment. All changes authorized by standard permit to a facility previously permiued pursuant to §116.110 of this title shall be administratively incorporated into that facility's permit at such time as the permit is amended or renewed. (4) Voiding of standard permit. A standard permit under-this chapter is automatically void if the holder fails to begin construction within 18 months of date of registration, discontinues construction for more than 18 consecutive months prior to completion, or fails to complete constructionwithinareasonabletime. Upon request, theExecutiveDirectormay grant aonetime 18-month extension of the date to begin construction. (5) Construction progress. Start of construction. construction interruptions exceeding 45 days. and completion ofconstructionshallbe reported to theappropriate regional officeofthelNRCCnot later than 15 working days after occurrence of the event. (6) Start-upnotification. Theap· propriate air program regional office of the Commission shall be notified prior to the commencement ofoperations of the facilities authorized by the standard permit in such a manner that a representative of the lNRCC may be present. Phased construction. which may involve a series of units commencing operations at different times. shall provide separate notification for the commencementofoperationsfor each unit. (7) Sampling requirements. II sampling of stacks or process vents is required,the standardpermitholdershall contactthelNRCCOfficeofAir Qualityprior to sampling to obtain theproper dataforms and procedures. All sampling and testing proceduresmustbe approved bythe Executive Diiector and coordinated with the regional representatives of the Commission. Thestandardpermitholderis alsoresponsible for providing sampling facilities and conducting the sampling operations or contracting with an independent samplingcon· sultant. (8) Equivalency of methods. It shall be the responsibility of the standard permit holder to demonstrate or otherwise justify the equivalency ofemission control methods, samplingorotheremissiontesting methods, and monitoring methodsproposed as alternatives to.methods indicated in the conditions of the standard permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the Executive Directorprior to their use in fulfilling anyrequirements ofthe standard permit. (9) Recordkeeping. A copy of the standard permit. along with information and data sufficient to demonstrate applicability of and compliance with the standard permit. shall be maintained in a file at the plant site and made available at the request of personnel from the lNRCC. the United StatesEnvironmental Protection Agency, or any air pollution control program having jurisdiction. For facilities that normally op-

• PROPOSED RULES March 3, 1995 20 Te:rReg 1507erato unattended, this information shaU be maintained at the nearest staffed location within Texas specified by the standard permit holder in the standard permit application. This infonnation shall include, but is

-- limited to. production records and oper· • ,&, hours. Additional recordkeeping requirements may be specified in requirements for the standard permit. Information in the fue shall be retained for at least two years following the date that the information or data is obtained. (10) Maintenance of emission control. The facilities covered by the standardpermit shall not beoperated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly_during nonnal facility operations. Nodfication forupsetsandmaintenanceshall bemadein accordance with §101.6 and §101.7 ofthis title (relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance). (11) Compliance with rules. Registration ofastandardpermitby a standard permit applicant constitutes an acknowledgement and agreement that the holder will comply with all rules, regulations. and orders ofthe Commission issued inconformity with the TCAA and the conditionsprecedent to thegrantingofthestandard permit If more_ than one state or federal rule or regulation or permit conditionis applicable,themoststringentlimitor ·ondition shall govern and be the standard ywhichcomplianceshallbedemonstrated. Acceptance includesconsentto theentrance ofCommission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants. including compliance with the stan· dard permit. §116.617. StandardPermitsList. Pursuant to the Texas Clean Air Act. §382.051,projects involving the types of facilities or physical or operational changesto facilities listed in this section qualify for a stsndard permit subject to the conditions stated in §116.610 of this title (relating to Applicability [and General Conditions]). (1)-(2) (No change.) (3) Installation and/or modification of oil and gas facilities. {A) Emission specifications. (i) Conditioningofproduced ps containing greater than 0.3 long tonsper day oftotal sulfurshall not be allowed. (ii) No facility shall be allowed to emit total uncontrolled emissions ofsulfur compounds,_except sulfur dioxide (SO,). from all vents (excluding process fugitives emissions) equal to or greaterthanfour poundsperhourunless the vapors are collected and vented to a flare. (iii) Any vent, excludine any safety relief valves that discharge to theatmosphereonly as a result offire or failure of utilities, emittine sulfur com· poundsotberthansulfurdioxide,shallbe at least 20 feet above ground level. (iv) New or modified internal combustion reciprocatine eneines or eas turbines permitted under this standard permit shall satisfy all 

## or the requirements of Standard Exemption Number 6, except that reJ:istration usine the Form Pl-7 or PI-8 shall not be required. Emissions from enJ:ines or turbines shall be liruited to the amounts foundin §116.2ll(a)(l)ofthistitle (relating to Standard Exemption List). (v) Total Volatile Organic Compound (VOC) emissions from a natural gas glycol dehydration unit shall not exceed teo tons per year (tpy) unless the vapors arecollected and cootrolled in accordance with subparagraph (B)(ii) of this paragraph. (vi) Aoy combustion unit (excluding flares, internal combus· tion enJ:ioes, or natural eas turbines), greater than 40 million British thermal units (Btu) per hour in size (usinglower heating values) shall not emit more than 0.06 poundsofnitrogen oxides (NO,) per million Btu. (vii) No facility shall be allowed to emit uncontrolled VOC processfuJ:itiveemissionsequaltoorereater than ten tpy, but less than 25 tpy, unless the equipment is inspected and repaired according to subparagraph (C)(i)

## or this paragraph. (vii•) No facility shall be allowed to emit uncontrolled VOC prcr cessfugitive emissionsequalto orereater than 25 tpy unless the equipment is inspected and repaired accordine to subparagraph (C)(ii) of this paragraph. (ir) No facility shall be. allowed to emithydrogen sulfide(H,S) or SO. process fuJ:itive emissions unless the equipment is inspected and repaired according to**subpara~raph** (C) (iii) ofthis paragraph. Components in sweet crude oil or easservice as defined by Chapter 101 of this title (relating to General Rules) areexemptfrom these limitations. (>1 Flares shall be designed, operated, and inspected in ac· cordance with 40 CFR 60.18, including specificationsofminimum heatingvalues ofwaste

### eas. maximum tip velocity, and pilot flame monitorine. If necessary to insure adequate combustion. sufficient eas shall be added to make the eases combustible.An infrared monitor is consideredequivalent to a thermocouple for

20 Te:rRcg 1508 March 3, 1995 Teras Register • namemonitoringpurposes.An automatic ienition system may be used in lieu of a continuous pilot. (:ri) Appropriate docu· mentation shall be submitted to demonstratethat compliancewith the PSD and nonattainment new source review (NSR) provisions ofthe FCAA, Parts C and 0, andreeulationspromulgated thereunder. are being meL The oil and 

### eas facility shall be required to meet tbe requirements 

## or Subchapter B of the chapter (relating to New Source Review Permits) instead of this subchapter if a PSD or nonattainment permit is required. (rii) Documentation shall be submitted to demonstrate com· pliance with applicable New Source Performance Standards (NSPS, 40 CFR 60) and National Emission Standards for Hazardous Air Pollution (NESHAP, 40 CFR 61) • (:riu) New and increased emissionssball not causeorcontributeto a violation ofany National Ambient Air QualityStandard (NAAQS) orregulation property line standards as specified in Chapters 111, 112, and 113 of this title (relating to Control of Air Pollution From Visible Emissions and Particulate Matter; Control of Air Pollution From Sulfur Compounds; and Control of Air Pollution From Toxic Materials). Engineerine judgment and/or computerized air dispersion modeline may be used in this demonstration. To show compliance with §116.610(a)(l) or this title (relating toApplicability)for hydrogensulfide, the propertyline standard in Chapter 112 or this title shall be used as the "L" value insteadorthevalue represented by §116. 610(a)(l) 

## or this title. (:riv) Fuel for all combustion units and flare pilots shall be sweet natural ps or liquid petroleum eas,fuel 1:35containineno morethan ten grains or total sulfur per 100 dry standardcubicfeet (scdO,orfield gas. Iffield eascontains more than l.S grains hydrogen sulfideor 30 grainstotal sulfurcompounds per 100 scdf, the operator shall maintain records,includineatleastquarterly measurementsoffuel hydrogen sulfide- and total sulfur content, which demonstrate that the annual sulfur dioxide emissions from the facility do not exceed the limitations listed in the standardpermitregistration. Ifa flare is the only combustion unit on a property, the operator shall not be required to maintain such records on flare pilot eas. (B) Control requirements. (i) Floating roofs or equivalent controls shall be required onall new ormodified storagetanks, unless thetankisJess than25,000gallonsin size orthevapor**p~ure**ofthecompoundto be stored in the tank is less than 0.5 poundspersquareincb absolute(psia) at maximum short-term storage temperature. Ol For internal noatioe roors, mechanical shoe primary seal orliquid-mounted primary seal ora vapor-mounted primary with a rimmounted secondary seals shall be used. (II) Mechanical shoe orliquid-mounted primarysealsshallinclude a rim-mOunted secondary seal on all external noatioe roors tanks. Vapormounted primary seals will not be accepted. (III) All noatiog roof tanksshallcomplywith therequirements under §115.112(a)(2)(A)·(F) or this title (relatine to Control Requirements). OVl In lieu or a floating roof', tank emissions may be routed to: (·a·) a combustion device such that a minimum VOC destruction efficiency of 98% is achieved; or (·b·) a vapor recoverysystemsnchthata minimumVOC recovery efTkiency of 95% is achieved. (V) Independent or theexemptionslisted in tbisclause,ifthe emissions from any raed roof tank exceed ten tpyor

### voc orten tpy orsulrur compounds, the tank emissions shall be routed toa combustion device, vapor recoveryunit,orequivalentmethodofcontrolthat meetsthe requirementslisted in subclause OVl or this clause. (ii) The VOC emissions rrom a natural gas elycol dehydration unit shall he controlled as roUows. 0) If total uncontrolled VOC emissions are equal to or ereater than ten tons per year1 but less than SO tons per year, a minimum of 80% by weight minimum control effi· ciencyshall beachieved byeitheroperating a condenserand a separator (orflash tank), vapor recovery unit, combustion device, or equivalent control device. 01) Ir total uncon· trolled VOC emissions are equal to or ereater than 50 tpy, a minimum of: (·a·) 98% by weight minimum control efficiency shall be achieved by a combustion device or equivalent; or (·b-) 95% by weight minimum control efficiency shall be achieved by a vapor recovery system or equivalent. (C) Inspection requirements. (I) Owners or operators whoaresubjecttosubparaeraph (A)(vii) or this paraeraph ohall comply with the following requirements. (I) No component shall beallowed to have a VOC leak ror more than IS days arter the leak is detected to exceed a VOC concentration ereater than 10,000 parts per million by volume (ppmv) above hackeround as methane, propane, or hexane, or the dripping or exuding of process fluid based on sight, smell, or sound for all components. The VOC fugitive emission components which contact process nuids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.5 psia at 100 deerees Fahrenheit are exempt from this requirement. If VOCfuEitive emissioncomponentsarein servicewheretheoperatingpressureisat leastfive kilopasc•ls (5.0 Kpa,equivalent to 0.725 pounds per square inch (psi)) below ambient**p~ure,** then thesecomponents are also exempt from this requirement as lone as the equipment is identified in a list that is made available upon request by TexasNaturalResource Conservation Commission (TNRCC) representatives, the EPA, or any other air pollution control agency havingjurisdiction. All pipine: and valves two inches nominalsizeand smallerarealsoexempt from this requirement. (II) All technically feasible repairsshall be madeto repaira VOC leaking process fugitive component within IS days arter the leak is detected. Ifthe repair of a component would requirea unit shutdown,the repairmay be delayed until the next scheduled shutdown.All leakingcomponentswhich cannot be repaired until a scheduled shutdown shall be identified for such repair by taeging. The TNRCC Executive Director, at his or her discretion, may requireearlyunit shutdown orotherap· propriate action based on the number and severity of tagged leaks awaiting shutdown. (Ul) New and reworked underground process pipelinl'S containing VOCsshall contain no buried valvessuch that processfugitiveemission inspectionandrepairisrendered impractical. (IV) To the extent that good engineering practice will permit, newandreworked valvesand piping connections in VOC service sball be so located to be reasonably acces.o;;ible for leak-<:heckine: during plant operation. Valves elevated more than two meters above a support surface will be considered nonaccessibleandshall beidentified in a list to be ma_de available upon request. (V) New and reworked piping connections in VOC service shall be welded or naneed. Screwed connections are permissible only on pip· ing smaller than two-inch diameter. No later than the next scheduled quarterly monitoringafterinitial installation orreplacement, all new or reworked connections shall be eas-tested or**hydrau~cally** tested at no less than normal operating pressureand adjustments madeas necessary to obtain leak·free perfonnance. FlaneesinVOCserviceshallbeinspected by visual, audible, and/or olfactory means at least weekly by operating personnel walk-throueh. (VI) Each openendedYalveorHne in VOC service,other thana valveorline usedforsafety relief, shall be equipped with a cap, blind flange, plug, or a second valve. Except during sampling, the second valve shall be closed. (VII) Accessible valves in VOC seniceshall be monitored by leak-<:heckingfor fugitiveemissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs, a pressure gauee shall be in· stalled between the relief valve and rupturedisc to monito.r disc integrity.All leakingdiscsshall be replaced attheear· liest opportunity, but no later than the next process shutdown. SeaUess!leakless valves (including, but not limited to, welded bonnet bellows and diaphragm valves) and reliefvalves equipped with a rupture disc upstream or venting to tt control device areexempt from monitoring. (VIJO Dual pump sealswith barrierfluid at higherpressure than process pressure, seals degassing to vent control systems kept in eood working order, or sealsequipped with an automatic seal failure detection and alarm

• PROPOSED RULES March 3, 1995 20 TerRcg 1509system, submerged pumps, or seal-less pumps(including, butnot limited to, diaphragm, canned, or magnetic driven -umps) are exempt from monitoring. (IX) All other pump and compressor seals emitting VOCs shall be monitored with an approved gas analyzer at least quarterly. (X) Aftercompletion ofthe required quarterly inspections for a period ofatleast two years, the operatoroftheoil and gasfacility may request in writine to the TNRCC, Office of Air Quality, New Source Review Proeram that the monitorlng schedule be revised based on the**percen~** of valves leaking. The percent of val..,. leakine shall be detenninedby dividingthesumofvalves leaking during current monitoring and valves for which repair hasbeen delayed by the total number of valves subject to the requirements. This request shall include all data that has been developed to justify thefollowing modifications in the monitoring schedule.(-a-) After two consecutive quarterly leak detection periodswiththepercentofvalves leakine equal to orless than·'2.0%, an owner or operator may beein to skip one of the quarterly leak detection periods for the vaJ,·es in gas/vapor and lieht liquid service. (-b-) After five consecutive quarterly leak detection periodswith thepercentof,·alvesleaking equal to orless than 2.0%, an owner or operator may begin to skip three of the quarterly leak detection periods for the valves in gasf,·apor and light liquid service. (ii) Ownersoroperators whoaresubjectto subparaeraph (A)(viii) ofthis paragraph shall comply with the following requirements. (I) No component shall be allowed to have a VOC leak for morethan 15 davs after the leakisfound which exceeds ·a VOC concentration ereater than 500 ppmv for all componentsexcept pumpsandcompressorsand greater than 2,000 ppmv for pumps and compressors above background as methane, propane,orhexane, or the dripping or exuding of process fluid based on sight, smell, or sound. The VOC fugitive emission components which contact process nuids where the VOCs have an aggregate partial pressure or vapor pressure of lt:ss than. 0.044 psia at 100 degrees Fahrenheit areexempt from this rt."quirement. If VOC fugitive emission components are in service where the op· erating pressure is at least five kPa (0. 725 psi) below ambient pressure, these components are also exempt from this requirement aslong as the equipment is identified in a list that is made available upon requestbyTNRCCrepresentatives, the EPA, or any air pollution control agency having jurisdiction. All piping and valves two inches nominal size and smaller are also exempt from this requirement. (II) All technically feasible repairsshallbe made to repaira VOC leaking processfueitive component within 15 days after the leak is detected. U the repair of a component would requirea unit shutdown,therepairmay be delayed until the next scheduled shutdown.AU leakingcomponentswhich can· not be repaired until a scheduled shutdown shallbe identified for such repair by tagging. The Executive Director, at his or her discretion, may require early unitshutdownorotherappropriate action based on the number and severity of taeeed leaks awaitine shutdown. (Ill) New and reworked underwound process pipelines containing VOCs shall contain no buried valves such thatprocessful:itiveemission inspection andrepairis renderedimpractical. (IV) To the extent that good engineering practice will permit, new andreworkedvalvesandpiping connections in VOC service shall be so located to be reasonably accessible for leak..checking during plant operation. Valves elevated more than two meters above a support surface will be considerednonaccessible andshallbe identified in a list to be made available upon request. (V) New and reworked piping connections in VOC service shall be welded orflanged. Screwed connections are permissible only on piping smaller than**two~inch** diameter. No later than the next scheduled quarterly monitoringaflerinitial installation orreplacement, all new or reworked connections shall be eas-testedorhydraulicallytested at no less than normal operating pressureand adjustmentsmadeasneces· sary to obtain**leak~free** performance. Flangesin VOC serviceshallbeinspected by visual, audible, and/or olfactory means at least weekly by operating per· sonnel**walk~through.** (VI) Each openended valvt:orlinein VOC senice.other

20 TexReg 1510 March 3, 1995 TexaJ Register • than a valve orline used for safety relief, shall be equipped with a cap, blind flange, plug, or a second valve. Except during sampling, the second valve shall be closed. (VII) Accessible valves in VOC service shall bemonitored by leak..checkingfor fu£itive emissionsat least quarterly using an approved gas analyzer. For valves equipped with rupture discs, a pressure gauge shall be installed between the relief valve and rupturedisc tomonitordisc: interrity.All leakingdiscs shallbereplaced attheearliest opportunity, but no later than the next process shutdown. Sealless!leakl..,. ,·alves (including, but not limited to, welded bonnet bellows and diaphragm valves) and reliefvalves equipped with a rupture disc upstream or venting to a control device areexempt from monitoring. (VITI) Dual pump sealswith barrierfluid athigherpressure than process pressure, seals derassing to vent control systems kept in good working order, or sealsequipped with an automatic seal failure detection and alarm system,**submer~d** pumps, or seal-less pumps (including, butnotlimited to, diaphragm, canned, or magnetic driven pumps) are exempt from monitoring. (IX) All other pump and compressor seals emitting VOCs shall bemonitored with an approved gas analyrer at least quarterly. (X) Aftercompletion ofthe required quarterly inspections for a period ofatleast two years,theoperatoroftheoil and gas facility may request in writing to the TNRCC, Office of Air Quality, New Source Review Prow-am that the monitoring schedule be revised based on the percent of valves leaking. The percent of valves leaking shall be determined by dividing thesum ofvalves leaking during current monitoring and valves for which·repairhasbeen delayed by the total number of valves subject to the requirements. This request shall include all data that have been developed tojustify the following modifications in the monitoring schedule. (-a-) After two consecuti-.·e quarterly leak detection periodswith thepercentofvalvesleaking equal to orless than 2.0%, an owner or operator may begin to skip one of the quarterly leak detection periods for the -.·alves in gasl-.·apor and light liquid ser- -.·ice. (-b·) After five consecutive quartl"rly leak detl"Ction periodswiththepercent ofvalvt..-sleakingequal to or less than 2.0%, an owner or operalor may b.,.;n lo skip lbree oflbe quarterly leak detection periods lor tbe valves in £as'vapor and li£hl liquid service. (XI) A direcled mainlenance pro.,-am sball be used and coosist ofthe repair and maintenance ol VOC fueilive emission componeols assisled simultaneously by lbe use of an approved ps analyzer sucb lbal a minimum concentration of leakin£ VOC is obtainedloreachcomponentbein£main· tained. Replaced componenlssball be remoniloredwilbin30 daysofbeingplaced back into VOC service. · (iU) Audilory and visual cbecka for SO, and H,S leaks within lhe operating area shall be made every day. Immedialely. but no later lhan eight hours upon deJection of a lealc. plant personnel shall lake lhe following aclions: (I) isolate the leak; {ll) commence repair orreplacementoftheleakin£component; and {III) use a leak collectioo/contaiomeotsystemtopreventthe leak until repair or replacement can be made ilimmediaterepairis not possible. (D) Approvedtestmelbods. (i) An approved ps analyzer used for tbe VOC fueitive inspection and repair requirement in subpara.,-aph (C)(ii)(XI) of Ibis para- £11lph, shaU conform to requirements fisted in 40 CFR 60.48S(a) and (b). (iO Tutweileranalysisor equivalentsball be used todetermine tbe hydroeen sulfide content as required under subpara£r&phs (A) and (E) of Ibis paraeraph. {iii) Proper operation ol any condenser used as a VOC emissions control device to comply witb subpara.,-aph (A)(v) of tbis paraeraph shall be testedto demonstratecompliance with the minimum control efficiency. Samplingshalloccurwithin 60daysafter start-up olnewormodifiedfacilities. The permittee shall contact the Source and Mobile Monitorin£ Section, Monitorin£ Division 45 days prior to samplin£ for approval of sampling protocol. The appropriate recional office in the re&ion where the source is located shall also be ::ontacted 45 days prior to samplin£ to providethemtheopportunity to view the iamplin£. Neither the re£ional office nor the Source and Mobile Monitorin£ Sec· tion personnel are required to view the testin£. Santplin£ reports which comply wilb the provisions ofthe TNRCC Sampling Procedure Manual, Chapter 14, shall be distribuled to tbe appropriate TNRCCre£ionaloffice,any local airpol· Jution control prouams, and the Source and Mobile Monitorin£ Section. (E) Monitoring and recordkeepin£ requirements. (IJ The resulls of the VOC fucitiveemission inspection and re· pair requirements sball be made avail· able to tbe Executive Director or his or ber desienated representative upon re· quest. Records, for aU components, shall include: (I) appropriate dates; (II) test melbods; (ill) instrument readings; (IV) repair resulls; and (V) corrective actions. Records of nange inspections are not required unless a leak is detected. (ii) Records for repairs and replacements made due to inspec· tionsofH,S andSO,componentsshall be maintained. (iii) Records shall be keptforeach production,processing,and pipeline tank battery orCor each storage tankifnot located atatankbattery,on a monthly basis, as follows: (I) lankbatteryidentification orstoragetankidentification, if not located at a tank batteryi (II) compound storedi (ill) monthly throu£hput in barrels/month; and (IV) cumulative an· nual throu£hput, barrels'year. (il-) Aplan shall be submitted to show how continuous compliance will be demonstrated for the efficiency requirements listed in subpara.,-aph (B)(i)(IV) of this parauaph. The demonstration may include, but is not limited to, monitoring nowrates, temperatures,orOther operatin£ parameters. (v) Records shall be kept on at least a monthly basis of all production facility now rates (in standard cubic feet perday) and total sulfur content ofgas processing streams. Total sulfurshall becalculatedin lon£tonsper day. (vi) All required records shall bemadeavailableto representatives ofthe TNRCC, EPA, or local air pollutioncontrolagenciesupon requestandbe kept for at least two years. All required records shall be kept at the plant site unless the plant site is unmanned durin£ business hours.Forplantsitesordinarily unmanned durin£businesshours, therecords shall be maintained·at the nearest officein theslatehavingday-to-dayoperations control or the plant site. This agencyherebycertifiesthatthe proposal has been reviewed by legal counsel and found to be within the agency's au!haity to adopl. Issued in Austin, Texas, on February 24, 1995. TR0-9502365 Kevin McCalla Acting Director, Legal Services Division Texas N81Ural AeiSOUrce Conserv811on Commission Proposad date ol adoption: May 17, t995 For further information, please call: (512) 239-1966 

# • • • TilLE 34. PUBLIC Fl

## NANCE Part I. 

### Comptroller of Public Accounts Chapter 5. Funds Management (Fiscal Affairs) Claims Processing-Purchase Vouchers • 34 TAC §5.55 (Editor's note:**Tl~** re.rt ofrhefollowing section propoudfor repeal will nor /"le pu/"1/ished. The section may be examined in the offices oftl1l' Comptroller ofPublic Accounts or in the Texas Regisler office. Room 145, James Earl Rudder Building, 1019 Bra:.os Street, Austin.) The Comptrollerol Public Accounts p-oposes the repeal ol §5.55, concerning prompt payment act requirements far state agencies. The section is beingrepealed sothat a slbstantially revised section may be adopted. Mike Reissig, chief revenue estimator, has determined that tor the first five-year pertod the repeal will be in etlect there will be no significant revenue impact on the stale or local government.

• PROPOSED RULES March 3, 1995 20 TexReg 1511John Hall, Chairman Pam Reed, CommiSJioncr PeggyCarner,CommiSJloner DanPearsol\E.xecu1i,,,Dlrector 

### TEXAS NATURAL RESOURCB CONSERVATION COMMISSION Prolecling Texa.JbvReducingandPrtvenlingPo/lullon



### NOTICE OF PUBLIC HEARING BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ON PROPOSED REVISIONS TO 30 TAC CHAPTER 116 AND THE STATE IMPLEMENTATION PLAN

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or Commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 116 and the SIP. The TNRCC proposes new §116.14, concerning Standard Permit Definitions, and new §116.615, concerning General Conditions. In addition, the TNRCC proposes amendments to §116.610, concerning Applicability, and §116.617, concerning Standard Permit List. The proposed new sections and amendments streamline the permit process for oil and gas facilities and establish a new standard permit for oil and gas facilities under new §116.617(3). A public hearing on the proposal will be held April 5, 1995 at 10:00 a.m. in Room 201A of TNRCC Building B, located at 12124 North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin through April 7, 1995. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00p.m. on April 7, 1995 will be considered by the Commission prior to any final action on the proposal. Please mail written comments to Lisa Martin, Office of Policy and., 

### PAGE TWO



### Regulatory Development, P.O. Box 13087, Austin, Texas 78711-3087. Copies of the revision are available at the central office of the TNRCC, located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all 

### TNRCC regional offices. For technical information, contact Tammy Villareal at {512) 239-1283. For general information, contact Sam Wells at {512) 239-1441. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at {512) 239-1459. Requests should be made as far in advance as possible. Issued in Austin, Texas, on February 23, 1995. 

# Kevii£..1(
Acting Director, Legal Services Texas Natural Resource Conservation Commission

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 1 of 34

The Texas Natural Resource Conservation Commission (TNRCC or Commission) proposes new §116.14, concerning Standard Permit Definitions and new §116.615, concerning General Conditions. Also, TNRCC proposes amendments to §116.610, concerning Applicability and §116.617, concerning Standard Permit List. The proposed new sections and amendments streamline the permit process for oil and gas facilities and establish a new standard permit for oil and gas facilities under new §116.617(3).

The standard permit simplifies and accelerates the permit review process by establishing standardized conditions targeting the oil and gas industry. The specific conditions are written to ensure both the application of Best Available Control Technology (BACT)

as well as protection of the public health and welfare. If an oil and gas facility meets all of the conditions of the new standard permit, then it would not be necessary to submit a general application under the requirements of §116.111. This will streamline the agency review process and allow more rapid approval than would be possible under new source review permits.

Section 116.14 adds a definition for the term "oil and gas facility." Section 116.610 is modified to delete the General Conditions and retitle the section to "Applicablility." Section 116.615 includes the general conditions now located in §116.610

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 2 of 34

and adds applicable general conditions found in Subchapter B, concerning applicable new source review permits. Section 116.617 contains the standard permits list and adds a new standard permit for oil and gas facilities.

Steve Minick, Strategic Planning and Appropriations Division, has determined that for the first five-year period the sections are in effect there will be no major fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Minick also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be better utilization of staff resources by allowing the permits staff to allocate more time on the review of permit applications for complex facilities, and to reduce the review time for smaller facilities which have a less significant impact on ambient air quality. There will be minimal costs to the regulated industry for the proposed rules changes to the General Conditions. For facilities qualifying for an Oil and Gas Standard Permit, a flat fee of $450 will be charged instead of basing the fee on the capital cost of the project, as required for a formal Subchapter B permit. This should reduce start-up costs to the oil and gas

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 3 of 34

industry. There is no anticipated economic cost to persons who

are required to comply with the sections as proposed.

A public hearing on the proposal will be held April 5, 1995 at 10:00 a.m. in Room 201A of TNRCC Building B, located at 12124 North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin through April 7, 1995. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00p.m. on April 7, 1995 will be considered by the Commission prior to any final action on the proposal. Please mail written comments to Lisa Martin, Office of Policy and Regulatory Development, P.O. Box 13087, Austin, Texas 78711-3087. Copies of the revision are available at the central office of the TNRCC located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 4 of 34

technical information, contact Tammy Villareal at (512) 239-1283. For general information, contact Sam Wells at (512) 239-1441.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible.

The new section is proposed under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA.

The new section affects the Health and Safety Code, §382.017.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 SUBCHAPTER A DEFINITIONS

§116.14. Standard Permit Definitions. 

### Page 5 of 34

Oil and gas facility

- 

### For the purposes of Subchapter F of this chapter (relating to Standard Permits) only, oil and gas facilities shall be defined as facility clusters which handle gases and liquids associated with the production, conditioning, processing, and pipeline transfer of fluids found in geologic formations beneath the earth's surface. These oil and gas facilities include, but are not limited to: oil or gas production facility clusters; salt water disposal facility clusters; carbon dioxide separation facility clusters; or oil or gas pipeline facility clusters consisting of one or more tanks, separators, dehydration units, free water knockouts, gunbarrels, heater treaters, vapor recovery units, flares, pumps, internal combustion engines, gas turbines, compressors, natural gas liquid recovery units, or gas sweetening and other gas conditioning facilities. This definition does not include sulfur recovery units.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 6 of 34

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.

Issued in Austin, Texas, on February 23, 1995.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 7 of 34

The amendments and new section are proposed under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA.

The proposed amendments and new section affect the Health and Safety Code, §382.017.

SUBCHAPTER F STANDARD PERMITS

§116.610. Applicability [and General Conditions].



### (a)

- (g) (No change.)

§116.615. General Conditions.



### The following general conditions shall be applicable to holders of standard permits, but may not be specifically stated within the standard permit document.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 8 of 34

(1) Protection of public health and welfare. The emissions from the facility shall comply with all applicable rules and regulations of the Texas Natural Resource Conservation Commission (TNRCC or Commission) adopted under the Texas Health and Safety Code, Chapter 382, and with intent of the Texas Clean Air Act (TCAA), including protection of health and property of the public.

(2) Standard permit representations. All representations with regard to construction plans, operating procedures, and maximum emission rates in any registration for a standard permit become conditions upon which the facility or changes thereto shall be constructed and operated. It shall be unlawful for any person to vary from such representations if the change will affect that person's right to claim a standard permit under this section. Any change in condition such that a person is no longer eligible to claim a standard permit under this section requires proper authorization under §116.110 of this title (relating to Applicability)

. The owner or operator of the facility must notify the TNRCC of any other change in conditions which will result in a change in the method of control of emissions, a change in the character of the emissions, or an increase in the discharge of the various emission as compared to the representations in the original registration or any previous notification

### Texas Natural Resource Page 9 of 34 Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 of a change in representations. Notice of changes in representations must be received by the TNRCC no later than 30 days after the change.

(3) Standard permit in lieu of permit amendment. All changes authorized by standard permit to a facility previously permitted pursuant to §116.110 of this title shall be administratively incorporated into that facility's permit at such time as the permit is amended or renewed.

(4) Voiding of standard permit. A standard permit under this chapter is automatically void if the holder fails to begin construction within 18 months of date of registration, discontinues construction for more than 18 consecutive months prior to completion, or fails to complete construction within a reasonable time. Upon request, the Executive Director may grant a onetime 18-month extension of the date to begin construction.

(5) Construction progress. Start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office of the TNRCC not later than 15 working days after occurrence of the event. 

## •

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 10 of 34

(6) Start-up notification. The appropriate air program regional office of the Commission shall be notified prior to the commencement of operations of the facilities authorized by the standard permit in such a manner that a representative of the TNRCC may be present. Phased construction, which may involve a series of units commencing operations at different times, shall provide separate notification for the commencement of operations for each unit.

(7) Sampling requirements. If sampling of stacks or process vents is required, the standard permit holder shall contact the TNRCC Office of Air Quality prior to sampling to obtain the proper data forms and procedures. All sampling and testing procedures must be approved by the Executive Director and coordinated with the regional representatives of the Commission. The standard permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.

(8) Equivalency of methods. It shall be the responsibility of the standard permit holder to demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed as alternatives to methods indicated in the conditions of the

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 11 of 34

standard permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the Executive Director prior to their use in fulfilling any requirements of the standard permit.

(9) Recordkeeping. A copy of the standard permit, along with information and data sufficient to demonstrate applicability of and compliance with the standard permit, shall be maintained in a file at the plant site and made available at the request of personnel from the TNRCC, the United States Environmental Protection Agency, or any air pollution control program having jurisdiction. For facilities that normally operate unattended, this information shall be maintained at the nearest staffed location within Texas specified by the standard permit holder in the standard permit application. This information shall include, but is not limited to, production records and operating hours. Additional recordkeeping requirements may be specified in requirements for the standard permit. Information in the file shall be retained for at least two years following the date that the information or data is obtained.

(10) Maintenance of emission control. The facilities covered by the standard permit shall not be operated unless all air pollution emission capture and abatement equipment is main-

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 12 of 34

tained in good working order and operating properly during normal facility operations. Notification for upsets and maintenance shall be made in accordance with §101.6 and §101.7 of this title (relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance)

. (11) Compliance with rules. Registration of a standard permit by a standard permit applicant constitutes an acknowledgement and agreement that the holder will comply with all rules, regulations, and orders of the Commission issued in conformity with the TCAA and the conditions precedent to the granting of the standard permit. If more than one state or federal rule or regulation or permit condition is applicable, the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance includes consent to the entrance of Commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the standard permit.Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 §116.617. Standard Permit List. Page 13 of 34

Pursuant to the Texas Clean Air Act, §382.051, projects involving the types of facilities or physical or operational changes to facilities listed in this section qualify for a standard permit subject to the conditions stated in §116.610 of this title (relating to Applicability [and General Conditions]).

(1)

- (2) (No change.)



### l1l Installation and/or modification of oil and gas facilities.



### JAl Emission specifications.



### lil Conditioning of produced gas containing greater than 0.3 long tons per day of total sulfur shall not be allowed.

(iil No facility shall be allowed to emit total uncontrolled emissions of sulfur compounds. except sulfur dioxide**~,).** from all vents (excluding process fugitives emissions) equal to or greater than four pounds per hour unless the vapors

are collected and vented to a flare.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 14 of 34

(iiil Any vent. excluding any safety relief valves that discharge to the atmosphere only as a result of fire or failure of utilities. emitting sulfur compounds other than sulfur dioxide. shall be at least 20 feet above ground level.



## liYl New or modified internal combustion reciproeating engines or gas turbines permitted under this standard permit shall satisfy all of the requirements of Standard Exemption Number 6. except that registration using the Form PI-7 or PI-8 shall not be required. Emissions from engines or turbines shall be limited to the amounts found in §116.211(al (1) of this title (relating to Standard Exemption List)

. (vl Total Volatile Organic Compound (VOCl emissions from a natural gas glycol dehydration unit shall not exceed 10 tons per year (tpyl unless the vapors are collected and controlled in accordance with subparagraph (B) (iil of this paragraph.

(vil Any combustion unit (excluding flares. internal combustion engines. or natural gas turbines), greater than 40 million British thermal units (Btu) per hour in size (using lower heating values) shall not emit more than 0.06 pounds of nitrogen oxides (NO.l per million Btu.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 15 of 34

(viil No facility shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 10 tpy. but less than 25 tpy. unless the equipment is inspected and repaired according to subparagraph (C) (i) of this paragraph.

(viii) No facility shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 25 tpy unless the equipment is inspected and repaired according to subparagraph (C) (iil of this paragraph.

(ixl No facility shall be allowed to emit hydrogen sulfide (H,Sl or 

## so, process fugitive emissions unless the equipment is inspected and repaired according to subparagraph (C) (iiil of this paragraph. Components in sweet crude oil or gas service as defined by Chapter 101 of this title (relating to General Rules) are exempt from these limitations.

(x) Flares shall be designed. operated. and inspected in accordance with 40 CFR 60.18. including specifications of minimum heating values of waste gas. maximum tip velocity, and pilot flame monitoring. If necessary to insure adequate combustion. sufficient gas shall be added to make the gases combustible. An infrared monitor is considered equivalent to a

### Texas Natural Resource Page 16 of 34 Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 thermocouple for flame monitoring purposes. An automatic ignition system may be used in lieu of a continuous pilot.

(xi) Appropriate documentation shall be submitted to demonstrate that compliance with the PSD and nonattainment new
source review (NSR) provisions of the FCAA. Parts C and D. and regulations promulgated thereunder. are being met. The oil and gas facility shall be required to meet the requirements of Subchapter B of the chapter (relating to New Source Review Permits) instead of this subchapter if a PSD or nonattainment permit is required.

(xii) Documentation shall be submitted to demonstrate compliance with applicable New Source Performance Standards (NSPS. 40 CFR 60) and National Emission Standards for Hazardous Air Pollution (NESHAP. 40 CFR 61).

(xiii) New and increased emissions shall not

cause or contribute to a violation of any National Ambient Air Quality Standard (NAAQS) or regulation property line standards as specified in Chapters 111. 112. and 113 of this title (relating to Control of Air Pollution From Visible Emissions and Particulate Matter; Control of Air Pollution From Sulfur Compounds; and Control of Air Pollution From Toxic Materials). Engineering

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 17 of 34

judgment and/or computerized air dispersion modeling may be used in this demonstration. To show compliance with §116.610(a) (1) of this title (relating to Applicability) for hydrogen sulfide. the property line standard in Chapter 112 of this title shall be used

as the "L" value instead of the value represented by §116.610(a) (1) of this title.

(xivl Fuel for all combustion units and flare pilots shall be sweet natural gas or liquid petroleum gas. fuel gas containing no more than 10 grains of total sulfur per 100 dry standard cubic feet (scdfl. or field gas. If field gas contains

more than 1.5 grains hydrogen sulfide or 30 grains total sulfur compounds per 100 scdf. the operator shall maintain records. including at least quarterly measurements of fuel hydrogen sulfide and total sulfur content. which demonstrate that the annual sulfur dioxide emissions from the facility do not exceed the limitations listed in the standard permit registration. If a flare is the only combustion unit on a property. the operator shall not be required to maintain such records on flare pilot

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 

### laL Control requirements. Page 18 of 34

{il Floating roofs or equivalent controls shall be required on all new or modified storage tanks. unless the tank is less than 25.000 gallons in size or the vapor pressure of the compound to be stored in the tank is less than 0.5 pounds per square inch absolute {psial at maximum short-term storage temperature.



### lil For internal floating roofs. mechanical shoe primary seal or liquid-mounted primary seal or a yapormounted primary with a rim-mounted secondary seals shall be used.



### l1Il Mechanical shoe or liquid-mounted primary seals shall include a rim-mounted secondary seal on all external floating roofs tanks. Vapor-mounted primary seals will not be accepted.

{III) All floating roof tanks shall comply with the requirements under §115.112(a) (2} (A)

- (F) of this title (relating to Control Requirements)

. (IV) In lieu of a floating roof. tank emissions may be routed to:

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 19 of 34

(-a-) a combustion device such that a minimum VOC destruction efficiency of 98% is achieved; or

(-b-l a vapor recovery system such that

. a minimum VOC recovery efficiency of 95% is achieved.

(Vl Independent of the exemptions listed in this clause. if the emissions from any fixed roof tank exceed 10 tpy of VOC or 10 tpy of sulfur compounds. the tank emissions shall be routed to a combustion device. vapor recovery unit. or equivalent method of control that meets the requirements listed in subclause (IV) of this clause.



## liil The VOC emissions from a natural gas glycol dehydration unit shall be controlled as follows.

(I) If total uncontrolled VOC emissions are equal to or greater than 10 tons per year. but less than 50 tons per year. a minimum of 80% by weight minimum control efficiency shall be achieved by either operating a condenser and a separator (or flash tank). vapor recovery unit. combustion device. or equivalent control device.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 20 of 34

(Ill If total uncontrolled VOC emissions are equal to or greater than 50 tpy. a minimum of:

(-a-l 98% by weight minimum control efficiency shall be achieved by a combustion device or equivalent: or
(-b-l 95% by weight minimum control efficiency shall be achieved by a vapor recovery system or equivalent.

(Cl Inspection requirements.

(il Owners or operators who are subject to subparagraph (A) (viil of this paragraph shall comply with the following requirements.

(I) No component shall be allowed to have a VOC leak for more than 15 days after the leak is detected to exceed a VOC concentration greater than 10.000 parts per million by volume (ppmvl above background as methane. propane. or hexane.

or the dripping or exuding of process fluid based on sight. smell. or sound for all components. The VOC fugitive emission

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 21 of 34

components which contact process fluids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.5 psia at 100 degrees Fahrenheit are exempt from this requirement. If VOC fugitive emission components are in service where the operating pressure is at least five kilopascals (5.0 Kpa. equivalent to 0.725 pounds per square inch (psill below ambient pressure. then these components are also exempt from this requirement

as long as the equipment is identified in a list that is made available upon request by Texas Natural Resource Conservation Commission (TNRCCl representatives. the EPA. or any other air pollution control agency having jurisdiction. All piping and valves two inches nominal size and smaller are also exempt from this requirement.

(II) All technically feasible repairs shall be made to repair a VOC leaking process fugitive component within 15 days after the leak is detected. If the repair of a component would require a unit shutdown. the repair may be delayed until the next scheduled shutdown. All leaking components which cannot be repaired until a scheduled shutdown shall be identified for such repair by tagging. The TNRCC Executive Director. at his or her discretion. may require early unit shutdown or other appropriate action based on the number and severity of tagged leaks awaiting shutdown.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 22 of 34

(III) New and reworked underground process pipelines containing VOCs shall contain no buried valves such that process fugitive emission inspection and repair is rendered impractical.

(IV) To the extent that good engineering practice will permit. new and reworked valves and piping connections in VOC service shall be so located to be reasonably accessible for leak-checking during plant operation. Valves elevated

more than two meters above a support surface will be considered nonaccessible and shall be identified in a list to be made available upon request.

(V) New and reworked piping connections in VOC service shall be welded or flanged. Screwed connections are permissible only on piping smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement. all new or reworked connections shall be gas-tested or hydraulically-tested at no less than normal operating pressure and adjustments made as necessary to obtain leak-free performance. Flanges in VOC service shall be inspected by visual. audible. and/or olfactory means at least weekly by operating personnel walk-through.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 23 of 34

(VI) Each open-ended valve or line in VOC service. other than a valve or line used for safety relief. shall be equipped with a cap. blind flange. plug. or a second valve. Except during sampling. the second valve shall be closed.

(VII) Accessible valves in VOC service shall be monitored by leak-checking for fugitive emissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs. a pressure gauge shall be installed between the relief valve and rupture disc to monitor disc integrity. All leaking discs shall be replaced at the earliest opportunity. but

no later than the next process shutdown. Seal-less/leakless valves (including. but not limited to. welded bonnet bellows and diaphragm valves) and relief valves equipped with a rupture disc upstream or venting to a control device are exempt from monitor-

(VIII) Dual pump seals with barrier fluid at higher pressure than process pressure. seals degassing to vent control systems kept in good working order. or seals equipped with an automatic seal failure detection and alarm system. submerged pumps. or seal-less pumps (including. but not limited to. diaphragm. canned. or magnetic driven pumps) are exempt from monitoring.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 24 of 34

(IX) All other pump and compressor seals emitting VOCs shall be monitored with an approved gas analyzer at least quarterly.

(X) After completion of the required quarterly inspections for a period of at least two years. the operator of the oil and gas facility may request in writing to the TNRCC. Office of Air Quality. New Source Review Program that the monitoring schedule be revised based on the percent of valves leaking. The percent of valves leaking shall be determined by dividing the sum of valves leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements. This request shall include all data that has been developed to justify the following modifications in the monitoring schedule.

(-a-) After two consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%. an owner or operator may begin to skip one of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(-b-l After five consecutive quarterly leak detection periods with the percent of valves leaking equal

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 25 of 34

to or less than 2.0%. an owner or operator may begin to skip three of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(iil Owners or operators who are subject to subparagraph (A) (viii) of this paragraph shall comply with the following requirements.

(I) No component shall be allowed to have a VOC leak for more than 15 days after the leak is found which exceeds a VOC concentration greater than 500 ppmv for all components except pumps and compressors and greater than 2.000 ppmv for pumps and compressors above background as methane. propane.

or hexane. or the dripping or exuding of process fluid based on sight, smell. or sound. The VOC fugitive emission components which contact process fluids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.044 psia at 100 degrees Fahrenheit are exempt from this requirement. If VOC fugitive emission components are in service where the operating pressure is at least five kPa (0.725 psi) below ambient pressure. these components are also exempt from this requirement as long as the equipment is identified in a list that is made available upon request by TNRCC representatives. the EPA. or any air pollution control agency having jurisdiction. All piping and valves two

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 26 of 34

inches nominal size and smaller are also exempt from this requirement.

(Ill All technically feasible repairs shall be made to repair a VOC leaking process fugitive component within 15 days after the leak is detected. If the repair of a component would require a unit shutdown. the repair may be delayed until the next scheduled shutdown. All leaking components which cannot be repaired until a scheduled shutdown shall be identified for such repair by tagging. The Executive Director. at his or her discretion. may require early unit shutdown or other appropriate action based on the number and severity of tagged leaks awaiting shutdown.

(!Ill New and reworked underground orocess pipelines containing VOCs shall contain no buried valves such that process fugitive emission inspection and repair is rendered impractical.

(IV) To the extent that good engineering practice will permit. new and reworked valves and piping connections in VOC service shall be so located to be reasonably accessible for leak-checking during plant operation. Valves elevated

more than two meters above a support surface will be considered

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 27 of 34

nonaccessible and shall be identified in a list to be made available upon request.

(Vl New and reworked piping connections in VOC service shall be welded or flanged. Screwed connections are permissible only on piping smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement. all new or reworked connections shall be gas-tested or hydraulically-tested at no· less than normal operating pressure and adjustments made as necessary to obtain leak-free performance. Flanges in VOC service shall be inspected by visual. audible. and/or olfactory means at least weekly by operating personnel walk-through.

(VI) Each open-ended valve or line in VOC service. other than a valve or line used for safety relief. shall be equipped with a cap. blind flange. plug. or a second valve. Except during sampling. the second valve shall be closed.

(VII) Accessible valves in VOC service shall be monitored by leak-checking for fugitive emissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs. a pressure gauge shall be installed between the relief valve and rupture disc to monitor disc integrity. All

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 28 of 34

leaking discs shall be replaced at the earliest opportunity. but

no later than the next process shutdown. Seal-less/leakless valves (including. but not limited to. welded bonnet bellows and diaphragm valves) and relief valves equipped with a rupture disc upstream or venting to a control device are exempt from monitor-

(VIII) Dual pump seals with barrier fluid at higher pressure than process pressure. seals degassing to vent control systems kept in good working order. or seals equipped with an automatic seal failure detection and alarm system. submerged pumps. or seal-less pumps (including. but not limited to. diaphragm. canned. or magnetic driven pumps) are exempt from monitoring.

(IX) All other pump and compressor seals emitting VOCs shall be monitored with an approved gas analyzer at least quarterly.

(X) After completion of the required quarterly inspections for a period of at least two years. the operator of the oil and gas facility may request in writing to the TNRCC. Office of Air Quality. New Source Review Program that the monitoring schedule be revised based on the percent of valves

### Texas Natural Resource Conservation Commission Con'trol of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 29 of 34

leaking. The percent of valves leaking shall be determined by dividing the sum of valves leaking during current monitoring and valves for which repair has been delayed by the total number of valves subiect to the requirements. This request shall include all data that have been developed to iustify the following modifications in the monitoring schedule.

(-a-) After two consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%. an owner or operator may begin to skip one of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(-b-) After five consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%. an owner or operator may begin to skip three of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(XI) A directed maintenance program shall be used and consist of the repair and maintenance of VOC fugitive emission components assisted simultaneously by the use of an approved gas analyzer such that a minimum concentration of leaking VOC is obtained for each component being maintained.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 30 of 34

Replaced components shall be re-monitored within 30 days of being placed back into VOC service.

(iiil Auditory and visual checks for S02 

### and**~** 

### leaks within the operating area shall be made every day. Immediately. but no later than eight hours upon detection of a leak. plant personnel shall take the following actions:

(I) isolate the leak:

(Ill commence repair or replacement of the leaking component: and

(III) use a leak collection/containment system to prevent the leak until repair or replacement can be made if immediate repair is not possible.

(D) Approved test methods.

(i) An approved gas analyzer used for the VOC fugitive inspection and repair requirement in subparagraph (C) (iil (XI) of this paragraph. shall conform to requirements listed in 40 CFR 60.485(a) and (b).

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 31 of 34

(iil Tutweiler analysis or equivalent shall be used to determine the hydrogen sulfide content as required under subparagraphs (A} and (E) of this paragraph.

(iiil Proper operation of any condenser used as a VOC emissions control device to comply with subparagraph (A) (vl of this paragraph shall be tested to demonstrate compliance with the minimum control efficiency. Sampling shall occur within 60 days after start-up of new or modified facilities. The permittee shall contact the Source and Mobile Monitoring Section. Monitoring Division 45 days prior to sampling for approval of sampling protocol. The appropriate regional office in the region where the source is located shall also be contacted 45 days prior to sampling to provide them the opportunity to view the sampling. Neither the regional office nor the Source and Mobile Monitoring Section personnel are required to view the testing. Sampling reports which comply with the provisions of the TNRCC Sampling Procedure Manual. Chapter 14. shall be distributed to the appropriate TNRCC regional office. any local air pollution control programs. and the Source and Mobile Monitoring Section.

(E) Monitoring and recordkeeping requirements.

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 32 of 34

(il The results of the VOC fugitive emission inspection and repair requirements shall be made available to the Executive Director or his or her designated representative upon request. Records. for all components. shall include:

(I) appropriate dates;

(Ill test methods:

(III) instrument readings:

(IV) repair results: and

(Vl corrective actions. Records of flange inspections are not required unless a leak is detected.

(iil Records for repairs and replacements made due to inspections of H,S and 

## so, components shall be maintained.

(iiil Records shall be kept for each production. processing. and pipeline tank battery or for each storage tank if not located at a tank battery. on a monthly basis. as follows:

### Texas Natural Resource Conservation Commission Page 33 of 34 Control of Air Pollution by Permits for New Construction or Modification Chapter 116 (I) tank battery identification or storage tank identification, if not located at a tank battery;

(II) compound stored;

(III) monthly throughput in barrels/month;

(IV) cumulative annual throughput. barrels/year.

(ivl A plan shall be submitted to show how continuous compliance will be demonstrated for the efficiency requirements listed in subparagraph (B) (il (IV) of this paragraph. The demonstration may include. but is not limited to, monitoring flowrates. temperatures. or other operating parameters.

(vl Records shall be kept on at least a monthly basis of all production facility flow rates (in standard cubic feet per dayl and total sulfur content of gas processing streams. Total sulfur shall be calculated in long tons per day.

(vil All required records shall be made available to representatives of the TNRCC. EPA. or local air pollution

### Texas Natural Resource Conservation Commission Control of Air Pollution by Permits for New Construction or Modification Chapter 116 Page 34 of 34

control agencies'upon request and be kept for at least two years. All required records shall be kept at the plant site unless the plant site is unmanned during business hours. For plant sites ordinarily unmanned during business hours. the records shall be maintained at the nearest office in the state having day-to-day operations control of the plant site.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.

Issued in Austin, Texas, on February 23, 1995.

# WRITTEN AND ORAL TESTIMONYReference Number W-1

W-2 W-3

W-4 W-5 W-6 INDEX OF WRITTEN TESTIMONY Submitted By Patrick J. Nugent, Association of Texas Intrastate Natural Gas Pipelines Eugene Lipnicky, City of Dallas Gerald W. Fontenot, U.S. Environmental Protection Agency Brandt Mannchen, GHASP Sarosh J. H. Manekshaw, Pennzoil Company Don Mustard, TMOGA

# 8

=- AssociationofTexas Intrastate Natural Gas Pipelines

PatrickJ. Nugent Executive Director 

### March 20, 1995

Ms. Lisa Martin Office of Policy and Regulatory Development P. 

## o. Box 13087 Austin, TX 78711-3087

Dear Ms. Martin: Re: Proposed Changes to Chapter 116, Title 30 Environmental Quality

The Association of Texas Intrastate Natural Gas Pipelines submits the following comments in reference to the above stated docket. 116.14 The term "facility cluster" should not be used in the Permit Definition. The term facility should suffice. The manner in which this definition is written could cause one to think that similar facilities in a general area should be grouped together. We would suggest the following change: §116.14 standard Permit Definitions. Oil and gas facility

- For the purposes of subchapter F of this chapter (relating to Standard Permits) only, oil and gas facilities shall be defined as equipment on a location which handle gases and liquids associated with the production, condition, processing, and pipeline transfer of fluids found in geologic formations beneath the earth's surface.· These oil and gas facilities include, but are not limited to: oil and gas production equipment, salt water disposal facility equipment, carbon dioxide separation facility equipment, or oil or gas pipeline equipment consisting of one or more tanks, separators, dehydration units, free water knockouts, gunbarrels, heater treaters, vapor recovery units, flares, pumps, internal combustion engines, gas turbines, compressors, natural gas liquid recovery units, or gas sweetening and other gas conditioning equipment. This definition does not include sulphur recovery units.

604 West 14th Street Austin. Texas 78701 (512) 478-2871

### Ms. Lisa Martin March 20, 1995 Page 2
116.615(2) 

### We would suggest this section read as detailed below: The removal, shutdown or other decrease in emissions at a facility should not require a notification to the TNRCC. This will be burdensome to industry and to the Commission. (2) Standard permit representations. All representations with regard to construction plans, operating procedures, and maximum emission rates in any registration for a standard permit become conditions upon which the facility or changes thereto shall be constructed and operated. It shall be unlawful for any person to vary from such representations if the change will affect that person's right to claim a standard permit under this section. Any change in condition such that a person is no longer eligible to claim a standard permit under this section requires proper authorization under §116.110 of this title (relating to Applicability). The owner or operator of the facility must notify the TNRCC of any change in conditions which will result in an increase in the discharge of the various emissions as compared to the representations in the original registration or any previous notification of a change in representations. Notice of changes in representations must be received by the TNRCC no later than 30 days after the change. 115.615(5) 

### There is no need for construction interruptions or construction complications to be detailed to the TNRCC. This is unnecessary and burdensome to industry and the TNRCC. We recommend the following changes: (5) Construction progress. Start of construction shall be reported to the appropriate regional office of the TNRCC not later than 15 working days after occurrence of the event. 116.615(6) 

### The notification to the regional office needs a time period attached to it. Otherwise, the way it is written is too ambiguous and could case some notification problems. (6) Start-up notification. The appropriate air program regional office of the Commission shall be notified 48 hours prior to the commencement of operations of the facilities authorized by the standard permit.

### Ms. Lisa Martin March 20, 1995 Page 3
116.615(7) 

### To require adherence to undisclosed forms and standards is unnecessary. Industry should be allowed to use sound engineering judgment to conduct emission sampling. This will allow the industry flexibility in using new techniques as they become available. We recommend the following changes. (7) 

### Sampling requirements. The standard permit holder is responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant. All sampling techniques should conform to acceptable industry standard engineering practices. 116.617(A)(i) 

### The current standard exemption list allows facilities with a sulphur content of 2 

### LTPD to be built. Why is the limit so low for the general permit? The limitations should be the same. Therefore, this limit should be changed from .3 

### long tons of sulphur per day to 2 

### long tons of sulphur per day. 116.617(A)(vii) 

### We would suggest adding the following: "Only piping and valves larger than 2 

### inches in nominal size and larger should be included in the fugitive emissions estimation." This will make this section consistent with Section (C). The same phrase should be added to 116.617(A) 

### (viii) • Should you have any questio , please feel free to contact me.

PJN/aaCITY OF DALLAS



### March 30, 1995
Lisa Martin Office of Policy and Regulatory Development Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 

# 8

Re: Proposed Revisions to Chapter 116 of the State Implementation Plan Dear Ms. Martin: The City of Dallas Air Pollution Control section has reviewed the referenced changes. We wish to address the following. Since local agencies have an enforcement responsibility we would recommend that "local agency" be included in the following rules: 116.615(2) (twice) 116.615(6) (twice) Sinceretly 

# --£ 

# 2!:'1 ,n 

# z...**_,\_./~** Eugene Lipni ky

# ~ Air Pollution Control Engineer Air Pollution Control Section dj

ENVIRONMENTALAND HEALTH SERVICES 320 E. JEFFERSON. ROOM LL13 DALLAS. TEXAS 75203 TELEPHONE 214·948-4435APR-07-1995 14'21 FROM 6 air DALLAS TX. 

### TO 85122391500 P.002

UNITEDSTATES ENVIRONMENTALPROTECTIONAGENCY REGIONS 1445ROSSAVENUE, SUITE 1200 DALLAS,TX 75202·2733



### Ms. Jodena Henneke Director 

## 'IFR -7 199S

Air Policy and Regulations Division Office of Air Quality Texas Natural Resource Conservation Commission P.O. Box 13087 

### Austin, TX 78711-3087 

# 8

RE: Revisions to Chapter 116 

### and the State Implementation Plan (SIP) New Standard Permit for Oil and Gas Facilities under New Section 116.617(3) 

### Dear Ms. Henneke: We have reviewed the package dated March 2, 1995, 

### concerning revisions to Chapter 116 

### and the SIP. The proposed new sections and amendments streamline the permit process for oil and qas facilities and establish a new standard permit for oil and gas facilities under new section 116.617(3). 

### On the basis of our evaluation, we have no items of concern. This concludes our review of the proposed regulation. We have no objections to the State adopting this proposal as part of its rules and submitting it as a SIP revision. If you have any questions, please call Hr. Reverdie Daron Page of my staff at (214) 665-7222. 

### Sincoroly yfl

# ~-~ont~ Chief Air Programs BrancLisa }1artin Office of Policy and Regulatory**Develo~~ent** TNRCC P.O. Box 13087 Austin, Texas 78711-3087 Dear T • .L.J1sa, March 23, 1.99<;

Enclosed**~re** tbe**co~ments** of the Galveston-Houston Association for Smog Prevention (GHASP) c.nncerning proposed Standard Permit for oil and gas facilities. 

# 8

1) One concern we have is there is no regulation of**possi~le** nuisance conditions due to oil and gas facilities being placed too close to residences, wildlife areas, or other sensitive receptors. We have seen in the City Limits of Houston, Texas oil and gas wells drilled next to people's houses. Due to the potential for air pol-**~ution** from these facilities which can generate H2S, NOx, CO, diesel particulates, polycyclic aromatic compounds and other air pollutants which are carcinogenic, mutagenic and can cause other r.ealth problems there needs to be a distance requirement**fro~** sensitive receptors like residences and wildlife areas. We suggest somewhere between ';00-1.000 feet. 2) The TNRCC is proposing a flat fee of**~450** for each standard oil and gas permit. We object to this subsidy of this industry which should pay a capital cost of the project fee like all other projects. 1-.rhy are we giving this industry such a break when it is a powerful industry that can afford a higher fee. In addition why should the Public have to subsidize, with its health, breathing the**air.pol~ution** fr?M these**fac~lit~es** which people do n?t have a cho1ce 1n breath1ng.**Prea~h1ng** 1s not voluntary hut 1nvc1untary. Why does the Public have to subsidize an industry to pollute its air and have to breathe in this pollution involuntarily? we object! 3) Under 116.615(1}, the last sentence, after health, add •welfare, environment''. We need to protect all welfare that the public possesses and especially need to key out the environment as something to protect in this regulation. 4) Under 116.615(2}, we object to allowing the operator to make a change first and then tell TNRCC up to ?0 days after the change. We want TNRCC to be told at least 30 days before the change is made so if you do not agree with the change you can address the issue before it happens. As TNPCC knows it is hard to stop something once it has started. Do not make protection of the



## ,.....P.O.Bex-3053Ye=**AOU$TON~ TE~___!=l7249-0SS1-** Public harder than it already is. Also under {4), define "reasonable time" This is too subjective and will ensure that inequitable enforcement occurs because each region will define what reasonable time is differently. Under (6) TNRCC must be notified at least 30 days before start-up and must make every effort to be at the start-up. In addition under (7), Sampling requirements, TNRCC must be notified at least 30 days before sampling so it can have the opportunity to have a representative present. In addition under each of these rules you need to also notify the local air pollution agency an equal amount of time ahead of the proposed action. Under (9), the records should be kept at least 5 years to coincide with having enough data to do a thorough compliance review when renewal time occurs. Again, under (11), reasonable times needs to be defined. 5) Under 116.617(3)(A)(iii), you need to require a rupture disk be placed before the safety relief valve to reduce fugitive emissions Also under (x), an infrared monitor should be required so that actual emissions data can be obtained. Under (B)(i), 5,000 gallons should be the limit to ensure that as many sources as possible have controls on them to minimizE emissions. Also under (IV)(-a-), you say destruction efficiency here but under (II)(-a-) on page 20, you say control efficiency when speaking about a combustion device. You need to be consistent. Whicl is it? In addition under both of these I am not in favor of**allowin~** vapor recovery systems to have 3% less control efficiency. You need to require that that 3% be made up some other way so that these two control devices are indeed equivalent. On page 22, under (II), define •technically feasible''· You always say that they phrases have the meaning normally given in the pollution control field. But what is that normal definition. I would appreciate a copy of the definition for technically feasible. Also under (IV) on page 22 what does ''reasonably accessible" mean? I do not support automatically allowing values more than two meters high as being "nonaccessible". The company must prove they are nonaccessible. Under (V) on page 23, require the records be kept that document a visual, audible, and olfac-tory inspection was made weekly by personnel in a walk-through. Under (VII) on page 24 the rupture diskE should have some sort of pressure gage and records kept to ensure that leaks do not develop. On page 27, under (II), define ''technically feasible'' and under (III) define ''rendered impractical" and under (IV) define "reasonably accessible''. Again I do not support a nonaccessible designation unless the company can prove it. Also under (VII) on page 29 the rupture disk needs to have a pressure gage installed to ensure no leak develops. On page 30, (XI), this is needed under {C)(ii) also.On page 33, under (i), you need to add the local air pollution agencies too. On page 34, under (iv), define ''continuous compliance•. If this already has an accepted definiton in the field of air pollution I would like a copy of this definition. On page 35, (vi), I want records kept for five years to give a clearer determination of continuous compliance. We appreciate the opportunity to comment on this proposal.

# I!J~ Brandt Mannchen GHASP 1705 Michigan #3 Houston, Texas 77006 H713-521-9534, W713-640-4313

# ~~ C' PENNZOIL PLACE • P0 BOX 2967 • HOUSTON, TEXAS 77252·2967 • (7'JQ..546-8516

...**,-,~** .**~** 

# 8**~G<~** ·:0

. "'/. 

### April7, 1995

### ~~~ ,:_:,

### ~ SAROSH J. H. MANEKSHAW 

### "9/**~** 

### •

## <9r. ()

-**~A~** Envtronmental, Safety**~Q** <.J and HealthAllatra**~** 

### <: 

## 9-

## ~cf Ms.LisaMartin CERTIFIEDMAIL**~** 

### TexasNaturalResourceConservationCommission RETURNRECEIPTREQUESTED OfficeofPolicyandRegulatoryDevelopment #Z769968247 P.O.Box 13087 Austin,Texas78711-3087 SUBJECT: ProposedRulesRelatingtoOilandGasFacilityPermitsfor ControlofAirPollutionbyPermitsforNewConstructionorModification 20TexReg 1506;March3, 1995 DearMs.Martin:

PennzoilCompanyisanaturalresourcescompanyengaged,withitssubsidiaries, intheexploration,production,refining, sales,anddistributionofpetroleumandpetroleum-based products. PennzoilExplorationandProductionCompany(PEPCO)conductsoilandgas explorationandproductionactivitiesinTexasandisunderstandablyinterestedinchangesto air permitsaffectingoilandgasfacilities. Pennzoilappreciatestheopportunitytoparticipateintherulemakingprocess,and wearcsubmittingthefollowingcommentsonproposedrulesrelatingtostandardairpermitsfor oilandgasfacilities. 

### Ingeneral,PennzoilsupportsthecommentssubmittedbyTexasMidContinentOilandGasAssociation(TMOGA). Pennzoilsupportsrulesthatcreatestandard permitsforoil andgasfacilitiesbecausetheysimplifyandacceleratethepermitprocesswhile maintainingprotectionofthepublichealthandenvironment However,severalsectionsofthe proposedrulecouldbemademoreworkablewithminorchanges. Pennzoil'ssuggestionsfor eachsectionarcdetailedbelow: § 116.617StandardPermitsList. (3)Installationand/ormodificationofoilandgasfacilities. (A)EmissionSpecifications. (iv) Thelastsentence"emissionsfrom

### enginesorturbinesshallbelimitedtothe amountsfoundin §116.2ll(a)(1)ofthistitle(relatingto StandardExemptionList)"isredundant, andPennzoilrecommendsthatthewordingbedeleted. (vii)and(viii) PennzoilgenerallysupportsTMOGA'scommentsonthese sectionsrelatedtoemissioncontrolrequirements. Webelievethatanon-directedleakdetectionprogramshouldonlybeapplicable foroil andgasfacilitieswithtotalVOCemissionsexceeding25tpyandtotal fugitiveVOCTX- OilandGasFacilityAirPermits April7, 1995 Page2 PENNZOIL**~i>!l't'** ·'



### emissionsexceeding20tpy. Thevastmajorityofoilandgasfacilitiesarelocatedinruralareas. Requiringaleakdetectionprogramforthesesmall,oftenremotefacilitiesisburdensomeand costly. Additionally,adirectedmaintenanceprogramshouldnotberequiredforanyoilandgas facilitycoveredbythisstandardpermit. Pennzoilsuggeststhattheproposedwordingofsections(vii)and(viii)bedeleted andcombinedintoonesection(vii)asfollows: "(vii) IftotalVOCemissionsexceed25 tpyandtotalfugitiveVOCemissions exceed20tpy,equipmentwillbeinspectedandrepairedaccordingtosection(C)(i)." (B)

### ControlRequirements. (I) Thevolumeofstoragetanks

### requiringemissionscontrolsislistedingallons; however,becausevolumesintheoil andgasindustryaretypicallyexpressedinbarrels,Pennzoil suggeststhatthevolumebeexpressedinbarrels. Theproposedthresholdlevelsfortankcontrolrequirementsareentirely

### too stringent. Theproposedrulesrequirecontrolsifthemaximumshorttermvaporpressureofthe storedproductisgreaterthan0.5psia. Thepreambleoftheproposedrulestatesthatthespecific conditionsarcwrittentoensuretheapplicationofBestAvailableControlTechnology(BACT); however,ourunderstandingofthecurrentTNRCCBACTpolicyisthatventcontrolsare requiredforstoragetanks

### withanominalcapacitygreaterthan40,000gallonscontaining productswithamaximumshorttermvaporpressuregreaterthan 1.5psia. TNRCCRegulations: "Chapter 115.112

-ControlofAirPollutionFromVolatile OrganicCompounds

-TableII(a)RequiredControlDevicesforStorageTanksforCrudeOil andCondensate"requiresnoemissioncontrolsforstoragetanks

### ofanynominalcapacity containingacompoundwithatruevaporpressurelessthan 1.5psia. Theseregulationswere writtentoensurethatsourcesinthegreatestozonenonattainmentareaswouldsubstantially reduceVOCemissions. Yet,evenundertheseconditions,thestatechosetoestablishthreshold valuesof1.5psiaand40,000gallons. Furthermore,theEPANSPSKbregulationsandEPA CTGrequirementsalsoreference40,000gallonsand 1.5psiaasthresholdsforemissions controls. Theproposedstandardpermitrequirementforemissioncontrolsforcompounds withvaporpressuresgreaterthan0.5psiaisinconsistentwithotherpoliciesoftheTNRCC,and wouldunnecessarilymoretightlyregulatetheoilandgasindustry. Additionally,iftheproposed rulesareadoptedaswritten,theywouldresultin Stateregulationsthatweremuchmore stringentthanFederalEPAregulations. Pennzoilsuggeststhatavaporpressureof1.5psiais appropriateandprotectiveofhealthandtheenvironment. Pennzoilrequeststhatsection(3)(B)(i)beamendedtoread:

"Floatingroofsorequivalentcontrolsshallberequiredonallnewormodified storagetanks,unlessthetankislessthan 1000barrelsinsizeorthevaporpressureofthe compoundtobestoredinthetankislessthan 1.5pslaatmaximumshort-termstorage temperature."TX

- OilandGasFacilityAirPermits April7, 1995 Page 3



### GeneralComments PENNZOIL**C~i>il'\1** ,:'-



### ExistingExemptions: 

### Inthepreamble,thereisnospecificmentionofthe currentStandardExemptionprogram. StandardExemptionsarecurrentlybeingemployedata numberofappropriateoilandgasfacilities. All StandardExemptionsnowapplicabletooiland gasfacilitiesshouldremainavailable. Pennzoilrequeststhatthepreamblespecificallymention thattheproposedruleswillnotaffecttheeligibilityofexistingairEmissionStandard exemptions.



### Insummary,Pennzoilsupportstheintroductionofstandardpermitsforoil and gasfacilities. Thesuggestionslistedbelowwouldimprovetheproposedrule: •RequireleakdetectionprogramsonlyifthetotalVOCemissionsexceed25 tpy andtotal fugitiveVOCemissionsexceed20tpy, •Amendtherequiredcontrolthresholdforvaporpressureofstoredcompoundsto 1.5psiaandthestoragetankvolumeto 1000barrelstobeconsistentwithexistingstateand federalregulationsandTNRCCpolicy, •ClarifythatthestandardpermitwillnotchangeeligibilityforStandard Exemptions.
Again,Pennzoilappreciatestheopportunitytoparticipateintherulemaking processforstandardoilandgasfacilityairpermits. Wehopethatthesecommentswill assistthe TNRCCindevelopingeffectiveandreasonableoilandgasfacilitypermitregulations.
Sincerely,APR 07 '95 03:09PM APC EHS CPT&Sl,HOU



### ADDITIONALTMOGACOMMENTSANDRECOMMENDATIONS APRU..7, 1995 30TAC§116.14,§116.610,§116.615,AND§116.617 STANDARDOILANDGASFACll.ITYPERMIT TensRegister1506:March3, 1995 1. TMOGA believes that internal company guidelines affecting facility locations, and specific TNRCC policies regarding H2S and other potential air**conta=inant~** are**~ufficient** to preclude imposing specific**di~tance requirement~**  with regard to oil and**qa~** facilities that would be**~ubject** to the**propo~ed** Standard Oil and**Ga~** Permit. 2. TMOGA continues to support the proposed language contained in §116.125 (2). 3. The TNRCC needs to retain the right to determine on a project-byproject basis, as outlined in §116.115 (4), what**i~** considered a "reasonable timen for a project to be completed. The length of time to complete a project**i~** hiqhly dependent upon physical location, project**~ize,** and project type. These factors**mu~t** be considered in**e~tablishing** construction parameters. TMOGA supports the language, as currently written, in §116.115 (4). 4. TMOGA continues to support its' earlier**comment~** submitted on April 5, 1995 concerning §116.617(3) (A) (iii). In addition, 'I'MOGA opposes any language which would require the installation of rupture disk prior to the**~afety** relief valve. Many companies maintain safety**policie~** which**expre~~ly** prohibit**thi~** type of installation**becau~e** of the possible safety hazard.**Debri~** from a ruptured**di~k** could lodge in the safety valve causing it to malfunction. 5. TMOGA continues to support**it~·** previous**comment~ ~ubmitted**  on April 5, 1995 concerning §116.611(3) (A) (z), this includes the TNRCC language which**con~iders** an infrared monitor to be equivalent to a thermocouple for flame detection**purpo~es.** However, TMOGA**i~** opposed to any requirement that an infrared monitor be the preferred detection source. This would impose unnecessary cost liabilities at many remote locations.

### INDEX OF ORAL TESTIMONY

Reference Number Submitted by

0-1 

### Don Mustard, TMOGA

### 1 2 3 

### 4 5 6 7 8 

### Before the TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

IN THE MATTER OF: PROPOSED REVISIONS TO 30 TAC CHAPTER 116 AND THE STATE IMPLEMENTATION PLAN X X X X 

### X DOCKET NO. APR-080 X X 

### 1



### 9 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 PUBLIC HEARING 11 

### APRIL 5, 1995 12

- - - - - - - - - - - - - - - - - - - - - - - - - - - - 13 14 

### 15 16 17 

### 18 19 20 21 22 

### 23 24 25 BE IT REMEMBERED that the above matter came

on for hearing on the 5th day of April 1995 beginning at 10 a.m before the Honorable Lisa Martin, Hearings Examiner, at the Texas Natural Resource Conservation Commission, 12118 North IH-35, Park 35 Technology Center, Building E, Room 201A, Austin, Texas, whereupon the following proceedings were had:



# ORIGINAL

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### 25 WEDNESDAY, APRIL 5, 1995 MORNING SESSION: 10 A.M. 

## * * * * * 2

MS. MARTIN: Okay, good morning. I would like to welcome you to this public hearing being conducted by the Texas Natural Resource Conservation Commission. If there's anyone in the audience who has not yet registered, please do so at this time and please register whether you plan to present testimony or not. If you're not familiar with the proposed changes, handout materials are available at the registration table. My name is Lisa Martin. I'm in the office of policy and regulatory development, and I will be serving as your hearings officer this morning. Our court reporter is Evelyn Roof, and with me at the table are Tammy Villarreal with the TNRCC new source review program and Sam Wells with the office of policy and regulatory development. The purpose of this hearing is to solicit comments and testimony from the public regarding proposed revisions to Chapter 116 and the state implementation plan. At this time those of you who intend to present testimony, please stand to be

sworn in by the court reporter and raise your right

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### 12 13 14 15 16 

### 17 18 19 20 

### 21 22 

### 23 24 25 hand. 3



### (All witnesses present in the hearing room were duly sworn. MS. MARTIN: Okay, at this time, we have

one commentor registered, and it's Don Mustard. If you would, please stand, and you can remain at your seat, and please spell your name for the court reporter. MR. MUSTARD: Okay, do you want me to give my testimony? Is that what you're asking? MS. MARTIN: Yes. MR. MUSTARD: My name is Don Mustard, M-u-s-t-a-r-d, and I represent the Texas Mid-Continent Oil & Gas Association, and at this time I appreciate the opportunity to comment on the proposed standard oil and gas permit and would like to express my appreciation to the TNRCC and to Tammy for the work that has been done in preparing this draft standard permit. I would like to highlight some of the primary concerns that TMOGA has with the proposed oil and gas permit. The full extent of the TMOGA comments are contained in the written document I will turn in at this public hearing. First, TMOGA would like to confirm that the TNRCC has no

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intention of proposing the elimination of the standard exemptions now applicable to oil and gas facility construction and modification. The preamble of the final draft of this proposed standard permit contained the following sentence, "With the addition of the oil and gas standard permit, a third form of authorization will be available in addition to Subchapter B, i.e., new

source review permit, and Subchapter C, i.e., standard exemptions." This sentence was deleted from the preamble when it was published in the Texas Register. All of the TMOGA recommendations with regard to the standard permit presume that the various standard exemptions now applicable to oil and gas production operations will remain available to our members. Second, TMOGA requests a minor clarification of the definition of oil and gas facility and would like to see a definition of sulfur recovery unit in proposed Section 116.14. The suggested definition in our written comments for sulfur recovery unit is intended to clearly distinguish sulfur recovery units from gas sweetening units. Third, TMOGA would like to see Section 116.617(3) (A) (i) clarified to ensure that this

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### emissions specification prohibits the release to the atmosphere of more than 0.3 long tons per day of total sulfur. As currently proposed, the language could be interpreted to mean that the produced gas itself could contain no more than 0.3 long tons per day of sulfur. This would essentially eliminate the ability of many facilities to use this proposed permit. TMOGA suggests the language be clarified to state that venting or flaring more than 0.3 long tons per day of total sulfur shall not be allowed. This would prevent any confusion in this regard. Fourth, TMOGA requests that the TNRCC limit the applicability of required VOC fugitive emission controls proposed in section 116.167(3) (A) (vii) and (viii) to properties where total VOC emissions exceed 25 tons per year and fugitives exceed 20 tons per year. In addition, delete requirements for use of the 28VHP fugitive emission control standard in (viii) and renumber the remainder of Section 116.617(A) accordingly. Proposed language for these changes are included in the written comments. TMOGA has major concerns with regard to (vii) and (viii). The proposed 10 tons per year VOC applicability threshold would**~mpose** 

### operationally burdensome fugitive emission controls without regard

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### 6 7 8 9 10 11 

### 12 

### 13 

### 14 15 16 17 18 19 20 21 22 23 24 25 

### 6

to the control costs and air quality impacts of fugitive emissions from the majority of the regulated facilities. Most oil and gas facilities, with the exception of natural gas processing plants,

are relatively small, in rural locations, are widely scattered and typically unmanned making application of fugitive emission controls especially costly. Fugitive emission controls should not be required for such relatively minor emission levels. The small natural gas processing plants to which this permit might be applicable are already required by new source performance standards to apply fugitive VOC emission controls for new construction and modification making this provision unnecessary for those facilities. TMOGA is particularly opposed to any requirement in the standard permit for implementation of 28VHP leak detection and repair program. There is no conceivable need for so stringent a program in this permit. Larger oil and gas production and processing facilities that are subject to PSD are not eligible to use the standard permit. We strongly urge that such a program not be considered BACT for oil and gas production operations. We have previously commented to the TNRCC on

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the impracticability of meeting a standard in oil and gas production operations that requires repair of components with a VOC leak rate of only 500 parts per million by volume. Even more important, a requirement for a directed maintenance program and remonitoring of components within 30 days of being placed back in VOC service may be practical for plant operators whose facilities are in relative close proximity to each other. However, it would create a very great hardship for operators in remote and/or widely scattered facilities. We believe that any small incremental reduction in VOC fugitives attributable to this level of control would not be cost effective for oil and gas operations. TMOGA does not believe that many operators

are likely to avail themselves of this standard permit when to do so would require application of 28VHP standards to their facilities. Fifth, TMOGA suggests that Section 116.617(3) (B) (i) be revised to, A, clarify that these control requirements do not apply to pressurized tanks, and, 

### B, raise the exemption level for floating roofs or equivalent controls to tanks of up to 40,000 gallons in size. TMOGA strongly

concurs with the proposal to provide alternatives to

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### the use of floating roofs as control devices for tanks in oil and gas operations. We continue to urge the commission to exempt tanks larger than the 25,000 gallons from these control requirements and specifically recommend that any tanks whose nominal size is not greater than 42,000 gallons be exempted. Forty-two thousand gallon tanks are commonly used in oil and gas production operations. Finally, TMOGA requests that Section 116.617(3) (C) (ii) be revised to clarify that it is not necessary to visit a facility every day for the sole purpose of checking for sour gas leaks and to delete a provision that has no apparent applicability to gaseous leaks. Many oil and gas facilities with relatively low production rates, especially those in remote areas, are not visited by operating personnel every day. In many cases, the increased operating costs associated with daily visits would make such marginal properties uneconomic to operate. Again, I work like to thank the TNRCC for all their work on this draft permit and for the opportunity to comment at this public hearing. Thank you. MS. MARTIN: Thank you, Mr. Mustard. Is

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there anyone else in the audience who wishes to present testimony at this time? Okay, I would like to point out that the end of the comment period for this rule making is April 7, 1995 at 4 p.m. Thank you for attending this public hearing. I now declare the hearing closed.

THE STATE OF TEXAS COUNTY OF TRAVIS 

## * * * * * HEARING ADJOURNED 

## * * * * * REPORTER'S CERTIFICATE



### X X 17 I, Evelyn Roof, certified shorthand reporter 18 for the state of Texas, do hereby certify that the above 19 and foregoing nine pages constitutes a full, true and 20 correct transcript of the proceedings had before the 21 Texas Natural Resource Conservation Commission on April 22 5, 1995, at Austin, Texas in the hearing relating to the 23 matter of Proposed Revisions to 30 TAC Chapter 116 and 24 the State Implementation Plan. 25 I further certify that a stenographic record

### 10



### 1 was made by me at the time of the hearing and said 2 stenographic notes were thereafter reduced to 3 computerized transcription under my direction and 4 control. 5 Witness my hand this, the 17th day of April 6 1995. 7 

### 8 9



### Evelyn R f 10 11 

### 12 13 Certified Shorth Reporter

14 My Certification Expires: 15 16 17 18 19 20 

### 21 22 

### 23 24 25 December 31, 1995 State of Texas (Certificate No. 2845)Oil & Gas Standard Permits

- Chapter 116 

# PublicHearing Registration Texas NaturalResource Conservation Commission

Location: Austin 

# Date: April 5' 1995


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# EVALUATION OF TESTIMONY

# Texas Natural Resource Conservation Commission

To:
From:
Subject: INTEROFFICEMEMORANDUM



### Commissioners Date: July 7, 1995 Beverly Hartsock, Deputy Director

## ~~ Office of Policy and Regulatory**Developmen~v** 

### Consideration for adoption of new 30 TAC Chapter 116, Subchapter F, concerning Standard Permits. If approved, the standard permit would streamline air quality permit processing for oil and gas facility applications. The change would allow faster review of certain production facilities by standardizing best available technology. The proposal was published in the Texas Register on March 3, 1995 (20 TexReg 1506). The Texas Natural Resource Conservation Commission proposes to adopt new 30 TAC Sections 116.14, concerning Standard Permit Definitions and new Section 116.615, concerning General Conditions and amendments to Section 116.610, concerning Applicability and Section 116.617, concerning Standard Permit List. The proposed adoption of the oil and gas standard permit would add a third alternative for submitting and approving new source construction permit applications for oil and gas facilities. In the past, air quality permits would be subjected to Section 116.111 permit review. A second alternative includes standard exemptions such as Standard Exemption 66, which excludes full Section 116.111 permit review if emission levels fall below stringent de minimis levels and meet other operational criteria. A third alternative, this oil and gas standard permit, provides an avenue for rapid permit review for facilities which are not eligible for a standard exemption. The standard permit allows for higher de minimis pollution levels without compromising Best Available Control Technology (BACT) requirement, or protection of public health, welfare, and the environment and, at the same time, eliminates the need for permit review as otherwise required under Section 116.111. This will create incentives for mid-sized oil and gas extraction and pipeline transmission industries in Texas to expand. Exploratory drilling operations are not affected by this rule change. After careful consideration of comments submitted during the April 5, 1995 public hearing and in subsequent meetings with industry representatives, staff have incorporated BACT to protect public health and welfare and flexibility for the affected industries. The pollutants of concern include volatile organic compounds (VOCs), sulfur dioxide, carbon monoxide, nitrogen oxides, particulate matter, and hydrogen sulfide. Various BACT design measures apply to flares, VOC collection systems, condensers,

### Page Two July 7, 1995

tanks, vents, oil and water separators, pumps, valves, and other sources. Significant controversy is not expected on this rule modification. The rule also reorganizes definitions, general conditions, and applicability so that additional standard permits can be added, such as the proposed municipal solid waste standard permit, and so that the text is clearer in its intent. A total of six commenters presented written testimony representing industry and an environmental group. One commenter from industry presented oral tesimony.EVALUATION OF TESTIMONY



### The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts new §116.14, concerning Standard Permit Definitions and new §116.615, concerning General Conditions. Also, the TNRCC adopts amendments to §116.610, concerning Applicability and §116.617, concerning Standard Permit List. Sections 116.14, 116.615, and 116.617 are adopted with changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1506). Section 116.610 is adopted without changes and will not be republished.

The new sections and amendments streamline the permit process for oil and gas facilities and establish a new standard permit for oil and gas facilities under new §116.617(3). Section 116.14 adds a definition for the term "oil and gas facility" and "offplant receptor." Section 116.610 is modified to delete the General Conditions and retitle the section to "Applicability." Section 116.615 includes the general conditions now located in §116.610 and adds applicable general conditions found in Subchapter B, concerning applicable new source review permits. Section 116.617 contains the standard permit list and adds a new standard permit for oil and gas facilities.

A public hearing was held in Austin on April 5, 1995. Six commenters submitted written testimony on the proposal and one

1commenter presented oral testimony. The Galveston-Houston Association for Smog Prevention (GHASP) , the Texas Mid-Continent Oil and Gas Association (TMOGA), the City of Dallas, the Association of Texas Intrastate Natural Gas Pipelines (Intrastate), and the Pennzoil Company made objections or recommendations. The United States Environmental Protection Agency (EPA) submitted a letter stating that it has no issues of major concern.

A general comment from the TMOGA and Intrastate was that there

are existing provisions for permitting oil and gas facilities such as with the standard exemption program, and that today's standard permit should be a new, third alternative. Existing wording seems to imply that the oil and gas standard permit is a replacement for Standard Exemption Number 66.

A key passage which clarified the relationship to the standard exemption program was inadvertently deleted from the Texas Register proposal. This standard permit is now a third alternative.

The GHASP did not address specific rule language, but proposed that a distance requirement of perhaps 500 to 1,000 feet should be added to reduce potential air pollution impacts from oil and gas facilities. Another commenter disagreed with having distance requirements in this standard permit, since the TNRCC and industry policies are sufficient.

2There is an existing TNRCC regulation, §101.4 (concerning Nuisance), which prohibits the discharge of air contaminants in concentrations and duration which would be injurious to or which would adversely affect human health or welfare, animal life, vegetation, or property, or which would interfere with the normal

use and enjoyment of animal life, vegetation, or property. Best Available Control Technology (BACT) and impacts considerations (including off-plant receptors) were incorporated into the rule development.

Hydrogen sulfide (H2S) emission limits in this rule take into consideration the distance to the nearest off-plant receptor to

ensure consistency with the property line standards in 30 TAC §112.3(a) and §112.31 (concerning control of sulfur dioxide); therefore, distance requirements have been adequately addressed.

The GRASP also objected to the flat fee of $450 for each oil and gas standard permit on the grounds that this fee is equivalent to

a subsidy for industry.

Staff time and manpower to evaluate and process a standard permit application are significantly less than the resources required to review and process a formal Subchapter B permit application. The intent of a standard permit is to simplify and accelerate the permit review process for facilities which can pre-qualify to a relatively stringent level of control. Standard permit review is

3streamlined because BACT measures and pollution impacts are incorporated into the standard permit eligibility criteria so that the extent of the permit review consists only of ensuring the facility meets all conditions of the standard permit.

The TNRCC staff maintains that a $450 permit application fee is consistent with the existing fee structure and is appropriate for the resources required to review and process a standard permit application.

The TMOGA requested that the TNRCC consider deleting §116.610(d)- (g), concerning applicability, since they appear to be redundant to the general conditions under §116.615(1)-(3) and (9).

The TNRCC staff agrees that the intent of the rule revision was to delete the outdated general conditions in §ll6.610(d)-(g) and create a new §116.615 entitled "General Conditions." However, the final rule cannot be modified because in the proposal, subsections (d)-{g) were proposed with no changes. Therefore, subsections (d)-(g) must be deleted in a future proposal.

Intrastate and the TMOGA offered changes to the definition of the term "oil and gas facility" in §116.14, concerning Standard Permit Definitions. The TMOGA suggested using the term "water injection" in place of ''salt water disposal," and adding a definition for "sulfur recovery unit" to distinguish sulfur

4

### recovery units from natural gas sweetening units. The new definition for sulfur recovery units would be "a process device whose primary purpose is to recover elemental sulfur from acid gas; a process device that incidentally recovers minor quantities of elemental sulfur during natural gas sweetening shall not be considered a sulfur recovery unit." In Intrastate's opinion, the term ''facility cluster'' is misleading and should be clarified to include special types of equipment.

The TNRCC has no objection to replacing the term "salt water disposal" with "water injection," adding a definition for sulfur recovery unit, and replacing the term "facility cluster" with "facility." These changes have been incorporated into §116.14 relating to definitions. However, the TNRCC does not agree with the proposed definition for a sulfur recovery unit. The TMOGA does not consider a "Lo-Cat" unit (a proprietary device name) as

a form of sulfur recovery and takes the position that the sulfur recovered by a Lo-Cat unit is incidental. Instead, the TNRCC considers a Lo-Cat unit to be a true form of sulfur recovery, and retains the original language to exclude all sulfur recovery units.



### Intrastate, the GHASP, and the City of Dallas disagreed with paragraphs in §116.615, concerning General Conditions. They stated that in paragraph (1), the terms "welfare and environment" should be added to the general purpose of protecting health and

5

### property. In paragraph (2) , the GHASP objected to the 30-day time window to notify the TNRCC of changes in representations of the permit. Intrastate objected to the notification requirements in the case of plant shutdowns or decreases in production levels. The City of Dallas and the GHASP stated that paragraphs (2) and (6) should include notification of local air quality agencies in changes of representation and upon start-up. In paragraph (4), the GHASP stated that the term "reasonable time" should be better defined because it is too subjective; another commenter supported the more general terms. In paragraph (5), Intrastate objected to notification requirements upon changes in construction scheduling. The GHASP also desired clarification of time periods specified in paragraphs (6) and (7), relating to start-up notification and sampling requirements. Finally, the GHASP requested that information in paragraph (9), relating to recordkeeping, should be maintained by the plant operator for at least five years, instead of two years as proposed.

Responses follow the order of comments presented. The TNRCC feels that the concept of "welfare" is adequately treated in paragraph (1) and is consistent with the General Rules (30 TAC §101.4). No change is needed to §116.615(2), regarding the notification to the TNRCC within 30 days after the change, because a facility may remain eligible for the standard permit following changes; therefore, post-change notification is acceptable, but the rule wording has been modified to clarify this

6

### assumption. The TNRCC does not agree with Intrastate's request to exclude notifications in the cases of removal, shutdown, or other decreases in emissions, because the current wording of §116.615(2) specifically states that notification to the TNRCC of changes in conditions is required if the facility is no longer eligible for a standard permit or if the change in conditions will result in a change in method of control, a change in character of emissions, or an increase in discharge of emissions. Notification to other air pollution agencies having jurisdiction has been added in paragraphs (2) and (6). The TNRCC has decided to retain the term "reasonable time" in paragraph (4), since "reasonable time" for project completion will vary depending on each project's size and complexity. In response to the comment regarding construction progress in paragraph (5), it is necessary to monitor start of construction and construction interruptions to enforce the requirements of paragraph (4). The TNRCC staff believes that it is not necessary to specify a minimum time for advance notification to the regional offices prior to start-up and sampling of facilities which are eligible for a standard permit, since the facilities are smaller sources of emissions. The TNRCC allocates staff resources to larger emission sources which are not eligible for the standard permit; therefore, the TNRCC feels that notification prior to start-up and sampling in paragraphs (6) and (7) without a minimum time specified is adequate.

7The TNRCC also disagrees with Intrastate's request to remove the requirement of contacting the TNRCC Office of Air Quality prior to sampling to obtain the proper data and forms and to get approval for the sampling method selected. These requirements

are necessary to maintain consistency and to ensure sampling is conducted properly. Lastly, the TNRCC disagrees with the GRASP's request to require five years of data for demonstration of compliance in §116.615(9) and §116.617(3) (E) (viii). The TNRCC feels that the requirement to maintain information on file for at least two years is sufficient to demonstrate compliance with standard permit representations and is consistent with existing rules and current permit requirements. A public compliance file is maintained at the TNRCC Austin office for periods much longer than two years and may be viewed upon request.

The TMOGA, Intrastate, the GHASP, and Pennzoil suggested revisions to §116.617(3) (A), concerning emission specifications. Several commenters desired the TNRCC to adopt some specific oil and gas industry terminology. The TMOGA disagreed with the wording concerning releases of more than 0.3 long tons of sulfur per day by specifying vents or flares in clause (i), because the limits apply to venting or flaring, not the content of the petrochemicals themselves. Intrastate desired that the standard permit limitation on sulfur emissions should be expanded to two (2.0) long tons per day to be consistent with the applicable standard exemption for oil and gas facilities. The TMOGA sug8gested that the proper term should be ''routed" instead of •vented'' in clause (ii)

. In clause (iii) , the phrase "failure of utilities• should be replaced with •emergency relief of system pressure.• The GHASP desired that rupture discs should be placed ahead of any safety relief valves; TMOGA disagreed with this design because industry safety policies expressly prohibit this practice. Finally, clause (vi) should be revised to clarify that

a 40 million British thermal unit per hour heat input threshold relates to maximum heat input during operation instead of being a design parameter.

The TNRCC agrees to some minor changes in terminology contained in §116.617(3) (A) (i) and (ii) as recommended by the TMOGA.

The TNRCC staff disagrees with the recommendation by Intrastate to change the sulfur limit to include facilities which condition produced gas up to 2.0 long tons per day of sulfur. While it is true that Standard Exemption Number 66 includes sulfur recovery units which condition produced gas containing less than two long tons per day of sulfur compounds, this standard permit does not include sulfur recovery units. Further, sulfur which is not recovered is emitted to the atmosphere and is limited by Standard Exemption 66 to a maximum of 25 tons per year of sulfur dioxide and 4.0 pounds per hour of total sulfur compounds.

9Regarding the discussion of rupture disks in §116.617(3) (A) (iii), the TNRCC disagrees with the recommendation to require rupture discs on safety relief valves, because debris from a ruptured disc could lodge in the safety valve causing it to malfunction and result in the loss of a vessel. Section 116.617(3) (C) (i) (VII) and §116.617(3) (C) (ii) (VII) require that accessible valves be leak-checked for fugitive emissions at least quarterly with an approved gas analyzer. These same subclauses allow the company the option of installing rupture discs on valves which are not monitored.

Regarding §116.617(3) (A) (iii) and emergency procedures, the TNRCC disagrees with the TMOGA's recommendation to replace "failure of utilities" with "emergency relief of system pressure," since this would likely exempt all relief valves from minimum vent height requirements.

The TNRCC disagrees with the TMOGA's recommendation to base the oxides of nitrogen (NOx) limitation on the maximum heat input during operation as opposed to by design specification. The intent of this subparagraph is to ensure that combustion units with a design maximum heat input greater than 40 million British thermal units (MMBtu) per hour will not exceed 0.06 pounds of NOx per MMBtu. If based on heat input during actual operation, combustion units with design capacities greater than 40 MMBtu could be able to operate at or below 40 MMBtu and emit more than

100.06 pounds of NO. per MMBtu. There would be no guarantee that the unit would be able to achieve the 0.06 pounds per MMBtu NO. limitation if the heat input of the unit was increased above 40 MMBtu.

Pennzoil offered an editorial change in §116.617(3) (A) (iv) to delete the phrase "relating to the Standard Permit list" because it appears to be redundant.

The TNRCC does not agree with the Pennzoil comment that the last sentence of §116.617(3) (A) (iv) is redundant and should be deleted. The current language is not redundant, since §116.2ll(a) (1) of this title contains applicable emission limits which are not listed in Standard Exemption Number 6.

Many commenters submitted major comments on process and fugitive emissions limits contained in §116.617(3) (A) (vii) (ix). The TMOGA and Pennzoil requested that the uncontrolled process emission limits for total volatile organic hydrocarbons in clause (vii) be set at 25 tons per year (tpy) and that the TNRCC set a new limit of 20 tpy for fugitive volatile organic compound (VOC) emissions. The existing 10 tpy applicability threshold as stated in the standard permit proposal for oil and gas facilities could impose regulatory burdens without regard to costs, while having negligible air quality benefits. Commenters also stated that requirements for monitoring total fugitive emissions below 25 tpy should

11

### be removed, because many of the affected oil and gas facilities

are in remote, rural areas, making emissions controls and monitoring very costly. Another major recommendation for the proposed rule language is to remove the leak detection requirements for hydrogen sulfide and sulfur dioxide process emissions set forth in §116.617(3) (A) (ix). The TMOGA strongly objected to stringent leak detection and repair programs for the oil and gas industry, monitoring standards known as "28VHP," which require corrective actions if VOC levels exceed 500 parts per million, and suggested the deletion of the entire §116.617(3) (C) (ii). Finally, Intrastate again objected to fugitive leak detection for piping and valves smaller than a nominal two-inch diameter size. Pennzoil suggested that §116.617(3) (A) (vii) and (viii) could be improved by combining them to read: "If total VOC emissions exceed 25 tpy and total fugitive VOC emissions exceed 20 tpy, equipment will be inspected according to subparagraph (C) (i) ." Alternatively, the TMOGA suggested language to not control VOC emissions at oil and gas facilities if total emissions are below 25 tpy and if fugitive emissions are below 20 tpy (as in Standard Exemption Number 66), and use "28M Guidelines" if total VOC emissions are equal to or above 25 tpy and fugitives are above 20 tpy. Relatively minor suggestions for the fugitive emissions sections in §116.617 (3) (A) (vii)

- (x) were also included. The TMOGA requested that only piping and valves greater than two inches nominal size be included in fugitive emissions estimations.

12Regarding the TMOGA and Pennzoil comments on §116.617(3) (A) (vii) and §116.617(3) (A) (viii), the TNRCC agrees to add flexibility into the fugitive VOC monitoring requirements by considering the distance between the facility and the nearest off-plant receptor. This flexibility will significantly reduce the number of facilities subject to §116.617(3) (A) (viii). The TNRCC disagrees with the recommendation to delete §116.617(3) (A) (viii) and §116.617(3) (C) (ii). The TNRCC feels this fugitive monitoring program is necessary to control large emission sources, including

sources with uncontrolled emissions greater than 25 tpy which are located close to an off-plant receptor and for all sources with uncontrolled emissions greater than 40 tpy. These controls are necessary to protect public health, welfare, and the environment from the potential impacts of significant emission sources.

The TNRCC disagrees with Intrastate's recommendation to exclude piping and valves less than two inches in nominal size from the fugitive emissions estimation, since these must be included to determine the level of fugitive VOC monitoring covered under §116.617(3) (C) (i) or §116.617(3) (C) (ii), and for the sake of rule consistency, as stated previously. For the sake of consistency and general engineering practices, 30 TAC Chapter 115 does not exclude piping and valves less than two inches in nominal diameter from monitoring requirements. Therefore, all piping must be monitored except as noted in the standard permit.

13The TMOGA requested that alternative methods to approve flare design, such as EPA Reference Method 22, should be allowed to be approved if approved by the executive director. Finally, the GHASP desired that infrared monitors be required to monitor flame temperature. The TMOGA opposed this view and offered that a thermocouple is equivalent to the use of infrared equipment for flame temperature detection.

Regarding §116.617(3) (A) (x), the TNRCC agrees to include wording which will allow an equivalent performance standard approved by the commission. The intent of §116.617 (3) (A) (x) is for flares to meet the design and operational requirements of 40 Code of Federal Regulations (CFR), Part 60.18 and not the physical inspection and testing requirements themselves. The word "inspected" has been removed from the rule text to clarify this requirement. Regarding the recommendation from the GRASP on the infrared monitor, an infrared monitor is not in this case an emissions measuring device. It is solely used to detect flameout conditions. Opacity and visible emission operational requirements are contained in a separate rule (30 TAC §lll.lll(a) (4)).

The TMOGA, Intrastate, and Pennzoil objected to paragraphs in §116.617(3) (B), concerning control requirements. One commenter stated that the limitations in subsection (i) should not apply to pressurized tanks, and that floating roof tanks should not be

14

### required unless the tank capacity is greater than 42,000 gallons. The existing rule language limits tanks without floating roofs to 25,000 gallons. Another commenter stated that barrels are the industry standard for measuring tank sizes (e.g., a 1000-barrel limit). Further, BACT for storage tanks requires no controls if the true vapor pressure is less than 1.5 pounds per square inch (psi), as stated in 30 TAC Chapter 115. The BACT requirement should be increased from 0.5 psi to 1.5 psi at maximum operating temperatures, because these rules are designed to be the most stringent rules to prevent ozone formation in air quality nonattainment areas. Additionally, the desired 42,000 gallon and 1.5 psi levels are warranted because they are equivalent to EPA programs for federal New Source Performance Standards (NSPS) and Control Technology Guidelines. Opposing this view, the GRASP requested that the 25,000-gallon tank size limitation be restricted to 5,000 gallons, above which floating tank roofs would be required.

Regarding comments to §116.617(3) (B) (i), the TNRCC agrees to include an exception for pressurized tanks which comply with Standard Exemption Number 83 and also agrees to include the term "nominal" relating to tank capacity, to allow for slight variations in tank capacity.

The TNRCC disagrees with changing the size or vapor pressure exemption limits for storage tanks, since the limits in the proposed rule are consistent with current BACT requirements. The



### 15TNRCC also feels it is not necessary to express the storage tank capacity in units of barrels, since the conversion from units of gallons to barrels is very straightforward. In fact, barrels are used in monitoring and recordkeeping requirements in paragraph (E) of the standard permit, but tank capacity is typically sized in terms of gallons.

The GHASP and the TMOGA responded to language in §116.617(3) (B) (i) (IV), relating to control requirements. In addition to using floating-roof tanks to capture VOCs, other containment or destruction methods should be allowed. The TMOGA noted that pressurized containers may be used to prevent hydrocarbon loss, as another option to requiring floating roof tanks

or flares. The GHASP questioned why vapor recovery systems (95%)

are 3.0% less effective than combustion devices (98%), so that the two alternatives are not equivalent.

The TNRCC agrees to modify the wording of §116.617(3) (B) (ii) (II) (-a-) from "control efficiency" to "destruction efficiency" for consistency with §116.617(3) (B) (i) (IV) (-a-). In response to the comment regarding the 3.0% difference between the control efficiencies of combustion devices and vapor recovery systems, it is not technically feasible for a vapor recovery system to achieve the same control efficiency as a combustion device. The TNRCC does not specify the type of control to be used, since this will vary depending on

16variables such as the type and quantity of pollutants to be controlled, type of process, and technical and economic feasibility. The control efficiencies identified in §116.617 (3) (B) (ii) (II) (-a-) and (-b-) represent efficiencies which the TNRCC currently considers to be best available and most technically feasible for the respective control devices.

It is important to note that vapor recovery systems do not introduce new contaminants into ambient air as a result of the control process, as do combustion devices and flares. Vapor recovery systems remove contaminants from a waste stream, whereas combustion devices convert contaminants into other less hazardous compounds which are then introduced into the atmosphere.

The TMOGA suggested amending §116.617(3) (C) (i) (I), concerning inspection requirements, to delete metric measurement units, include evaluation of applicable NSPS criteria for determining whether to monitor piping and valves two inches in nominal size and smaller, and remove the term "upstream" relating to installation of rupture discs to allow flexibility in rupture disc location.

Regarding the TMOGA comments on §116.617(3) (C) (i) (I), metric equivalents are proposed as a method of being flexible, not as a restrictive measure. In the last sentence of same subclause, the TNRCC agrees with the TMOGA's recommendation to include the

17applicability of NSPS and Chapter 115. The TNRCC also agrees with TMOGA's recommendation to delete "upstream" to allow the option of installing an upstream or downstream rupture disc.

In §116.617 (3) (C) (i) (II), the GHASP questioned the definition of the terms "technically feasible" and "rendered impractical" as they apply to repairs on leaking process VOC fugitive emissions. The same commenter similarly questioned the definition of the term "reasonably accessible" in subclause (IV). Also, the commenter requested that walk-through inspection records be maintained on a weekly basis in subclause (V) , and in subclause (VII) that pressure gauges should be installed to monitor rupture disc integrity. These same comments would also apply to §116.617(3) (C) (ii), concerning oil and gas facilities which have the potential to emit over 25 tons per year.

Regarding the GRASP's comments on the terms "technically feasible" and "rendered impractical," the TNRCC feels that these terms can not be specifically defined, since there are too many variables to evaluate before a determination is made. The definitions will vary depending on the type and complexity of the project or situation. The TNRCC will determine what is considered "technically feasible" and a "rendered impractical" on a project-by-project basis.

18Regarding the comment on the definition of the term "reasonably accessible" used in §116.617(3) (C) (i) (IV) and §116.617(3) (C) (ii) (IV) , reasonably accessible valves are those which would not expose monitoring personnel to immediate danger. The TNRCC determines what is considered "reasonably accessible"

on a case-by-case basis due to the variability of monitoring scenarios. The height limitation of two meters originated in 40 CFR, Part 60.482-7(h), which considers valves to be inaccessible if they cannot be monitored without elevating the monitoring personnel more than two meters above a support surface. Section 116.617(3)(C)(i)(IV) and §116.617(3)(C)(ii)(IV) require that a list of inaccessible valves be maintained and made available upon request; therefore, any valves which the company considers to be inaccessible are subject to evaluation by the TNRCC.

Regarding the GHASP comment on §116.617(3) (C) (i) (V) and §116.617(3) (C) (ii) (V) which identified the need to keep records documenting visual, audible, and olfactory inspections, these records are already included in §116.617(3) (E) (ii). Regarding the GHASP comment on §116.617(3) (C) (i) (VII) and §116.617(3) (C) (ii) (VII) requesting that rupture discs be required to be equipped with pressure gauges, this requirement is already included in these two subclauses. The TNRCC does not agree with the GHASP's request to include §116.617(3) (C) (ii) (XI) under §116.617(3) (C) (ii). Including the directed maintenance require19menta in two locations under the same fugitive monitoring program would be redundant.

The TMOGA suggested the removal of the requirement to perform daily inspections for each site in §116.617(3) (C) (iii) on the basis that added expenses would make marginal oil and gas facilities unprofitable.

The TNRCC has modified the language of §116.617(3) (A) (ix) and added new §116.617(3) (E) (i) to allow the option of installing ambient H 2S property line monitors in the event it is not possible for operations personnel to check the facility on a daily basis. This regulatory flexibility allows for low-cost, unmanned surveillance.

The TNRCC has replaced "plant personnel" with "operating personnel." The TNRCC does not agree with the recoimllendation to delete §116.617(3) (C) (iii) (III)

. This requirement is necessary in the
event that efforts to isolate and repair the leak, as required by §116.617(3) (C) (iii) (I) and (II) are unsuccessful.

The TMOGA suggested modifications to §116.617(3) (D), concerning approved test methods, in which air quality models could be used to demonstrate proper operation of condensers instead of using monitors. Use of dispersion modeling can be used for predicting VOC emissions from glycol dehydrator units.

20

### The TNRCC does not entirely agree with the TMOGA's recommendations to §116.617(3) (D) regarding the use of computer simulation modeling in lieu of ambient sampling to demonstrate proper in-use operation of a condenser. While computer simulations are effective tools for predicting air quality impacts, they cannot be used to verify actual operating conditions for demonstration of compliance with permit limits. The TNRCC maintains that sampling and testing is necessary to obtain actual data to verify that a control device is actually operating as previously predicted or represented.

The TMOGA, GHASP, and the City of Dallas offered corrections to §116.617(3) (E), concerning monitoring and recordkeeping requirements. The TMOGA argued that inspection records be kept for process vents or flares, but not for all process streams. The GHASP and the City of Dallas noted that local air pollution agencies should be included in §116.617(3) (E) (i) regarding availability of fugitive inspection and repair information.

The TNRCC agrees with the TMOGA's recommendation to allow records to be kept on the total sulfur content of gas process vents or flares, but does not agree with removing the option of keeping records on the total sulfur content of gas processing streams. The TNRCC prefers to include both options to allow flexibility in the method used for demonstrating compliance with total sulfur content limits. The TNRCC agrees with recommendations to include

21air pollution control agencies in the notification requirements under §116.615(6) and (7) and §116.617(3) (E) (ii), as recommended by GHASP and the City of Dallas.

Under §116.617 (3) (E) (iv), the GHASP requested definition of the
term "continuous compliance." The TMOGA suggested that the term "continuous" in clause (iv) should be deleted from permit compliance demonstrations.

Regarding the GHASP's request for a definition of "continuous compliance," this term cannot be specifically defined, since demonstration of compliance will vary depending on each facility and type of operation; therefore, the TNRCC will determine how continuous compliance will be demonstrated on a case-by-case basis. Continuous compliance may be demonstrated through a variety of methods which may include periodic monitoring or recording of appropriate operational parameters on a continuous basis or on some ongoing specified frequency. The TNRCC has replaced the term "continuous" with "ongoing," however, to clarify its intent, because the former term can be confused with Continuous Emission Monitoring Systems, a technical sampling protocol.

22The new section is adopted under the Texas Health and Safety Code, Texas Clean Air Act (TCAA) §382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA.

23

# STAFF RECOMMENDATIONSSUBCHAPTER A DEFINITIONS

§116.14. Standard Permit Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

Oil and gas facility

- For the purposes of Subchapter F of this chapter (relating to Standard Permits) only, oil and gas facilities shall be defined as facilities which handle gases and liquids associated with the production, conditioning, processing, and pipeline transfer of fluids found in geologic formations beneath the earth's surface. These oil and gas facilities include, but are not limited to: oil or gas production facilities; water injection facilities; carbon dioxide separation facilities; or oil or gas pipeline facilities consisting of one

or more tanks, separators, dehydration units, free water knockouts, gunbarrels, heater treaters, vapor recovery units, flares, pumps, internal combustion engines, gas turbines, compressors, natural gas liquid recovery units, or gas sweetening and other gas conditioning facilities. This definition does not include sulfur recovery units.

1Sulfur recovery unit

- For the purposes of Subchapter F of this chapter only, sulfur recovery unit shall be defined as a process device whose primary purpose is to recover elemental sulfur from acid gas.

Off-plant receptor

- For the purposes of Subchapter F of this Chapter only, off-plant receptor shall be defined as any recreational area or residence or other structure not occupied or used solely by the owner or operator of the facilities or owner of the property upon which the facilities**~re** located.

This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas on July 26, 1995.

2SUBCHAPTER F STANDARD PERMITS



### The amendments and new section are proposed under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA.

§116.610. Applicability.



### (a) (g) (No change.)

§116.615. General Conditions.



### The following general conditions shall be applicable to holders of standard permits, but may not be specifically stated within the standard permit document.

(1) Protection of public health and welfare. The emissions from the facility shall comply with all applicable rules and regulations of the Texas Natural Resource Conservation Commission (TNRCC or commission) adopted under the Texas Health and Safety Code, Chapter 382, and with intent of the Texas Clean Air Act (TCAA), including protection of health and property of the public.

3

### (2) Standard permit representations. All representations with regard to construction plans, operating procedures, and maximum emission rates in any registration for a standard permit become conditions upon which the facility or changes thereto, shall be constructed and operated. It shall be unlawful for any person to vary from such representations if the change will affect that person's right to claim a standard permit under this section. Any change in condition such that a person is no longer eligible to claim a standard permit under this section requires proper authorization under §116.110 of this title (relating to Applicability)

. If the facility remains eligible to claim a standard permit, the owner or operator of the facility must notify the TNRCC of any change in conditions which 

### will result in a change in the method of control of emissions, a change in the character of the emissions, or an increase in the discharge of the various emissions as compared to the representations in the original registration or any previous notification of a change in representations. Notice of changes in representations must be received by the TNRCC no later than 30 days after the change.

(3) Standard permit in lieu of permit amendment. All changes authorized by standard permit to a facility previously permitted pursuant to §116.110 of this title shall be administratively incorporated into that facility's permit at such time as the permit is amended or renewed.

4

### (4) Voiding of standard permit. A standard permit under this chapter is automatically void if the holder fails to begin construction within 18 months of date of registration, discontinues construction for more than 18 consecutive months prior to completion, or fails to complete construction within a reasonable time. Upon request, the executive director may grant

a onetime 18-month extension of the date to begin construction.

(5) Construction progress. Start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office of the TNRCC not later than 15 working days after occurrence of the event.

(6) Start-up notification. The appropriate air program regional office of the commission and any other air pollution control program having jurisdiction shall be notified prior to the commencement of operations of the facilities authorized by the standard permit in such a manner that a representative of the TNRCC may be present. Phased construction, which may involve a series of units commencing operations at different times, shall provide separate notification for the commencement of operations for each unit.

(7) 

### Sampling requirements. If sampling of stacks or process vents is required, the standard permit holder shall

5

### contact the TNRCC Office of Air Quality and any other air pollution control program having jurisdiction prior to sampling to obtain the proper data forms and procedures. All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission. The standard permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.

(8) 

### Equivalency of methods. It shall be the responsibility of the standard permit holder to demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed

as alternatives to methods indicated in the conditions of the standard permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the executive director prior to their use in fulfilling any requirements of the standard permit.

(9) Recordkeeping. A copy of the standard permit along with information and data sufficient to demonstrate applicability of and compliance with the standard permit shall be maintained in a file at the plant site and made available at the request of personnel from the TNRCC, United States Environmental Protection Agency, or any air pollution control program having jurisdiction. For facilities that normally operate unattended,

6

### this information shall be maintained at the nearest staffed location within Texas specified by the standard permit holder in the standard permit application. This information shall include, but is not limited to, production records and operating hours. Additional recordkeeping requirements may be specified in requirements for the standard permit. Information in the file shall be retained for at least two years following the date that the information or data is obtained.

(10) Maintenance of emission control. The facilities covered by the standard permit shall not be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. Notification for upsets and maintenance shall be made in accordance with §101.6 and §101.7 of this title (relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance)

.

(11) Compliance with rules. Registration of a standard permit by a standard permit applicant constitutes an acknowledgement and agreement that the holder will comply with all rules, regulations, and orders of the commission issued in conformity with the TCAA and the conditions precedent to the granting of the standard permit. If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the

7

### standard by which compliance shall be demonstrated. Acceptance includes consent to the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the standard permit.

§116.617. Standard Permit List.



### Pursuant to the Texas Clean Air Act, §382.051, projects involving the types of facilities or physical or operational changes to facilities listed in this section qualify for a standard permit subject to the conditions stated in §116.610 of this title (relating to Applicability)

.

(1) (2) (No change.)

(3) Installation and/or modification of oil and gas facilities.

(A) Emission specifications.

(i) Venting or flaring more than 0.3 long tons per day of total sulfur shall not be allowed.

(ii) No facility shall be allowed to emit total uncontrolled emissions of sulfur compounds, except sulfur

8

### dioxide (S02 ) , 

### from all vents (excluding process fugitives emissions) equal to or greater than four pounds per hour unless the vapors are collected and routed to a flare.

(iii) Any vent, excluding any safety relief valves that discharge to the atmosphere only as a result of fire

or failure of utilities, emitting sulfur compounds other than sulfur dioxide, shall be at least 20 feet above ground level.

(iv) New or modified internal combustion reciprocating engines or gas turbines permitted under this standard permit shall satisfy all of the requirements of Standard Exemption Number 6, except that registration using the Form PI-7

or PI-8 shall not be required. Emissions from engines or turbines shall be limited to the amounts found in §116.2ll(a) (1) of this title (relating to Standard Exemption List).

(v) Total Volatile Organic Compound (VOC) emissions from a natural gas glycol dehydration unit shall not exceed 10 tons per year (tpy) unless the vapors are collected and controlled in accordance with subparagraph (B) (ii) of this paragraph.

(vi) Any combustion unit (excluding flares, internal combustion engines, or natural gas turbines), with a design maximum heat input greater than 40 million British thermal

9

### units (Btu) per hour (using lower heating values) shall not emit

more than 0.06 pounds of nitrogen oxides (NOxl per million Btu.

(vii) No facility which is less than 500 feet from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 10 tpy, but less than 25 tpy, unless the equipment is inspected and repaired according to subparagraph (C) (i) of this paragraph.

(viii) No facility which is 500 feet or more from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 25 tpy unless the equipment is inspected and repaired according to subparagraph (C) (i) of this paragraph.

(ix) No facility which is less than 500 feet from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 25 tpy unless the equipment is inspected and repaired according to subparagraph (C) (ii) of this paragraph.

(x) No facility shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 40 tpy unless the equipment is inspected and repaired according to subparagraph (C) (ii) of this paragraph.

10(xi) No facility which is located less than

one quarter of a mile from the nearest off-plant receptor shall be allowed to emit hydrogen sulfide (H28) or 802 process fugitive emissions unless the equipment is inspected and repaired according to subparagraph (C) (iii) of this paragraph. No facility which is located at least one quarter of a mile from the nearest off-plant receptor shall be allowed to emit H 28 or 802 process fugitive emissions unless the equipment is inspected and repaired according to subparagraph (C) (iii) of this paragraph or unless the H 28 or 802 emissions are monitored with ambient property line monitors according to subparagraph (E) (i) of this paragraph. Components in sweet crude oil or gas service as defined by Chapter 101 of this title (relating to General Rules) are exempt from these limitations.

(xii) Flares shall be designed and operated in accordance with 40 Code of Federal Regulations (CFR), Part 60.18 or equivalent standard approved by the commission, including specifications of minimum heating values of waste gas, maximum tip velocity, and pilot flame monitoring. If necessary to ensure adequate combustion, sufficient gas shall be added to make the gases combustible. An infrared monitor is considered equivalent to a thermocouple for flame monitoring purposes. An automatic ignition system may be used in lieu of a continuous pilot.

11

### (xiii) Appropriate documentation shall be submitted to demonstrate that compliance with the Prevention of Significant Deterioration (PSD) and nonattainment new source review (NSR) provisions of the FCAA, Parts C and D, and regulations promulgated thereunder, are being met. The oil and gas facility shall be required to meet the requirements of Subchapter B of the chapter (relating to New Source Review Permits) instead of this subchapter if a PSD or nonattainment permit is required.

(xiv) Documentation shall be submitted to demonstrate compliance with applicable New Source Performance Standards (NSPS, 40 CFR 60) and National Emission Standards for Hazardous Air Pollution (NESHAP, 40 CFR 61).

(xv) New and increased emissions shall not

cause or contribute to a violation of any National Ambient Air Quality Standard (NAAQS) or regulation property line standards as specified in Chapters 111, 112, and 113 of this title (relating to Control of Air Pollution From Visible Emissions and Particulate Matter; Control of Air Pollution From Sulfur Compounds; and Control of Air Pollution From Toxic Materials). Engineering judgment and/or computerized air dispersion modeling may be used in this demonstration. To show compliance with §116.610(a) (1) of this title (relating to Applicability) for H 2

### S emissions from process vents, 10 milligrams per cubic meter shall be used as the

12"L" value instead of the value represented by 116.610(a) (1) of this title.

(xvi) Fuel for all combustion units and flare pilots shall be sweet natural gas or liquid petroleum gas, fuel gas containing no more than 10 grains of total sulfur per 100 dry standard cubic feet (scdf), or field gas. If field gas contains more than 1.5 grains of H 2S or 30 grains total sulfur compounds per 100 scdf, the operator shall maintain records, including at least quarterly measurements of fuel H 2S and total sulfur content, which demonstrate that the annual 802 emissions from the facility do not exceed the limitations listed in the standard permit registration. If a flare is the only combustion unit on a property, the operator shall not be required to maintain such records on flare pilot gas.

(B) Control requirements.

(i) Floating roofs or equivalent controls shall be required on all new or modified storage tanks, other than pressurized tanks which meet Standard Exemption 83, unless the tank is less than 25,000 gallons in nominal size or the vapor pressure of the compound to be stored in the tank is less than 0.5 pounds per square inch absolute (psia) at maximum short-term storage temperature.

13

### (I) For internal floating roofs, mechanical shoe primary seal or liquid-mounted primary seal or a vapor-mounted primary with a rim-mounted secondary seals shall be used.

(II) Mechanical shoe or liquid-mounted primary seals shall include a rim-mounted secondary seal on all external floating roofs tanks. Vapor-mounted primary seals will not be accepted.

(III) All floating roof tanks shall comply with the requirements under §115.112(a) (2) (A) this title (relating to Control Requirements)

. 

### (F) of

(IV) In lieu of a floating roof, tank emissions may be routed to:

(-a-) 

### a destruction device such that a minimum VOC destruction efficiency of 98% is achieved; or

(-b-) a vapor recovery system such that a minimum VOC recovery efficiency of 95% is achieved.

(V) Independent of the exemptions listed in this clause, if the emissions from any fixed roof tank exceed 10 tpy of VOC or 10 tpy of sulfur compounds, the tank

14emissions shall be routed to a destruction device, vapor recovery unit, or equivalent method of control that meets the requirements listed in subclause (IV) of this clause.

(ii) The VOC emissions from a natural gas glycol dehydration unit shall be controlled as follows.

(I) If total uncontrolled VOC emissions

are equal to or greater than 10 tons per year, but less than 50 tons per year, a minimum of 80% by weight minimum control efficiency shall be achieved by either operating a condenser and a separator (or flash tank), vapor recovery unit, destruction device, or equivalent control device.

(II) If total uncontrolled VOC emissions are equal to or greater than 50 tpy, a minimum of:

(-a-) 98% by weight minimum destruction efficiency shall be achieved by a destruction device

or equivalent; or

(-b-) 95% by weight minimum control efficiency shall be achieved by a vapor recovery system

or equivalent.

(C) Inspection requirements.

15

### (i) Owners or operators who are subject to subparagraph (A) (vii) or (viii) of this paragraph shall comply with the following requirements.

(I) No component shall be allowed to have a VOC leak for more than 15 days after the leak is detected to exceed a VOC concentration greater than 10,000 parts per million by volume (ppmv) above background as methane, propane, or hexane, or the dripping or exuding of process fluid based on sight, smell, or sound for all components. The VOC fugitive emission components which contact process fluids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.5 psia at 100 degrees Fahrenheit are exempt from this requirement. If VOC fugitive emission components are in service where Lhe operating pressure is at least 0.725 pounds per square inch (psi) (five kilopascals (Kpa)) below ambient pressure, then these components are also exempt from this requirement as long as the equipment is identified in a list that is made available upon request by Texas Natural Resource Conservation Commission (TNRCC) representatives, the EPA, or any other air pollution agency having jurisdiction. All piping and valves two inches nominal size and smaller, unless subject to Federal New Source Performance Standards requiring a fugitive VOC emissions leak detection and repair program or Chapter 115 of this title (relating to Control of Air Pollution from Volatile Organic Compounds) , are also exempt from this requirement.

16

### (II) All technically feasible repairs shall be made to repair a VOC leaking process fugitive component within 15 days after the leak is detected. If the repair of a component would require a unit shutdown, the repair may be delayed until the next scheduled shutdown. All leaking components which cannot be repaired until a scheduled shutdown shall be identified for such repair by tagging. The TNRCC executive director, at his or her discretion, may require early unit shutdown or other appropriate action based on the number and severity of tagged leaks awaiting shutdown.

(III) New and reworked underground process pipelines containing VOCs shall contain no buried valves such that process fugitive emission inspection and repair is rendered impractical.

(IV) To the extent that good engineering practice will permit, new and reworked valves and piping connections in VOC service shall be so located to be reasonably accessible for leak-checking during plant operation. Valves elevated more than two meters above a support surface will be considered non-accessible and shall be identified in a list to be made available upon request.

(V) New and reworked piping connections in VOC service shall be welded or flanged. Screwed connections

17

### are permissible only on piping smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement, all new or reworked connections shall be gas-tested or hydraulically-tested at no less than normal operating pressure and adjustments made as necessary to obtain leak-free performance. Flanges in VOC service shall be inspected by visual, audible, and/or olfactory

means at least weekly by operating personnel walk-through.

(VI) Each open-ended valve or line in VOC service, other than a valve or line used for safety relief, shall be equipped with a cap, blind flange, plug, or a second valve. Except during sampling, the second valve shall be closed.

(VII) Accessible valves in VOC service shall be monitored by leak-checking for fugitive emissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs, a pressure gauge shall be installed between the relief valve and rupture disc to monitor disc integrity. All leaking discs shall be replaced at the earliest opportunity, but no later than the next process shutdown. Sealless/leakless valves (including, but not limited to, welded bonnet bellows and diaphragm valves) and relief valves equipped with a rupture disc or venting to a control device are exempt from monitoring.

18

### (VIII) Dual pump seals with barrier fluid at higher pressure than process pressure, seals degassing to vent control systems kept in good working order, or seals equipped with an automatic seal failure detection and alarm system, submerged pumps, or sealless pumps (including, but not limited to, diaphragm, canned, or magnetic driven pumps) are exempt from monitoring.

(IX) All other pump and compressor seals emitting VOC shall be monitored with an approved gas analyzer at least quarterly.

(X) After completion of the required quarterly inspections for a period of at least two years, the operator of the oil and gas facility may request in writing to the TNRCC, Office of Air Quality, New Source Review Division that the monitoring schedule be revised based on the percent of valves leaking. The percent of valves leaking shall be determined by dividing the sum of valves leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements. This request shall include all data that has been developed to justify the following modifications in the monitoring schedule.

(-a-) After two consecutive quarterly leak detection periods with the percent of valves

19leaking equal to or less than 2.0%, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(-b-) After five consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%, an owner or operator may begin to skip three of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(ii) Owners or operators who are subject to subparagraph (A) (ix) or (x) of this paragraph shall comply with the following requirements.

(I) No component shall be allowed to have a VOC leak for more than 15 days after the leak is found which exceeds a VOC concentration greater than 500 ppmv for all components except pumps and compressors and greater than 2,000 ppmv for pumps and compressors above background as methane, propane, or hexane, or the dripping or exuding of process fluid based on sight, smell, or sound. The VOC fugitive emission components which contact process fluids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.044 psia at 100 degrees Fahrenheit are exempt from this requirement. If VOC fugitive emission components are in service where the operating pressure is at least 0.725 psi (five Kpa) below ambient

20

### pressure, these components are also exempt from this requirement

as long as the equipment is identified in a list that is made available upon request by TNRCC representatives, the EPA, or any air pollution control agency having jurisdiction. All piping and valves two inches nominal size and smaller are also exempt from this requirement.

(II) All technically feasible repairs shall be made to repair a VOC leaking process fugitive component within 15 days after the leak is detected. If the repair of a component would require a unit shutdown, the repair may be delayed until the next scheduled shutdown. All leaking components which cannot be repaired until a scheduled shutdown shall be identified for such repair by tagging. The executive director, at his or her discretion, may require early unit shutdown or other appropriate action based on the number and severity of tagged leaks awaiting shutdown.

(III) New and reworked underground process pipelines containing VOCs shall contain no buried valves such that process fugitive emission inspection and repair is rendered impractical.

(IV) To the extent that good engineering practice will permit, new and reworked valves and piping connections in VOC service shall be so located to be reasonably

21

### accessible for leak-checking during plant operation. Valves elevated more than two meters above a support surface will be considered non-accessible and shall be identified in a list to be made available upon request.

(V) New and reworked piping connections in VOC service shall be welded or flanged. Screwed connections

are permissible only on piping smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement, all new or reworked connections shall be gas-tested or hydraulically-tested at no less than normal operating pressure and adjustments made as necessary to obtain leak-free performance. Flanges in VOC service shall be inspected by visual, audible, and/or olfactory means at least weekly by operating personnel walk-through.

(VI) Each open-ended valve or line in VOC service, other than a valve or line used for safety relief, shall be equipped with a cap, blind flange, plug, or a second valve. Except during sampling, the second valve shall be closed.

(VII) Accessible valves in VOC service shall be monitored by leak-checking for fugitive emissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs, a pressure gauge shall be installed between the relief valve and rupture disc to monitor disc integ22

### rity. All leaking discs shall be replaced at the earliest opportunity, but no later than the next process shutdown. Sealless/leakless valves (including, but not limited to, welded bonnet bellows and diaphragm valves) and relief valves equipped with a rupture disc or venting to a control device are exempt from monitoring.

(VIII) Dual pump seals with barrier fluid at higher pressure than process pressure, seals degassing to vent control systems kept in good working order or seals equipped with an automatic seal failure detection and alarm system, submerged pumps, or sealless pumps (including, but not limited to, diaphragm, canned, or magnetic driven pumps) are exempt from monitoring.

(IX) All other pump and compressor seals emitting VOC shall be monitored with an approved gas analyzer at least quarterly.

(X) After completion of the required quarterly inspections for a period of at least two years, the operator of the oil and gas facility may request in writing to the TNRCC, Office of Air Quality, New Source Review Division that the monitoring schedule be revised based on the percent of valves leaking. The percent of valves leaking shall be determined by dividing the sum of valves leaking during current monitoring and

23valves for which repair has been delayed by the total number of valves subject to the requirements. This request shall include all data that have been developed to justify the following modifications in the monitoring schedule.

(-a-) After two consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(-b-) After five consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%, an owner or operator may begin to skip three of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

(XI) A directed maintenance program shall be used and consist of the repair and maintenance of VOC fugitive emission components assisted simultaneously by the use of an approved gas analyzer such that a minimum concentration of leaking VOC is obtained for each component being maintained. Replaced components shall be remonitored within 30 days of being placed back into VOC service.

24(iii) For owners and operators who are subject to the applicable parts of subparagraph (A) (xi) of this paragraph, auditory and visual checks for 802 and H 2S leaks within the operating area shall be made every day. Immediately, but no later than eight hours upon detection of a leak, operating personnel shall take the following actions:

(I) isolate the leak; and

(II) commence repair or replacement of the leaking component; or

(III) use a leak collection/containment system to prevent the leak until repair or replacement can be made if immediate repair is not possible.

(D) Approved test methods.

(i) An approved gas analyzer used for the VOC fugitive inspection and repair requirement in subparagraph (C) of this paragraph, shall conform to requirements listed in 40 CFR 60.485(a) and (b).

(ii) Tutweiler analysis or equivalent shall be used to determine the hydrogen sulfide content as required under subparagraphs (A) and (E) of this paragraph.

25

### (iii) Proper operation of any condenser used

as a VOC emissions control device to comply with subparagraph (A) (v) of this"·paragraph 'shall be tested to demonstrate compliance with the minimum control efficiency. Sampling shall occur within 60 days after start-up of new or modified facilities. The permittee shall contact the Engineering Services Section, Air Quality Enforcement Division 45 days prior to sampling for approval of sampling protocol. The appropriate regional office in the region where the source is located shall also be contacted 45 days prior to sampling to provide them the opportunity to view the sampling. Neither the regional office nor the Engineering Services Section, Air Quality Enforcement Division personnel are required to view the testing. Sampling reports which comply with the provisions of the TNRCC Sampling Procedure Manual, Chapter 14, shall be distributed to the appropriate regional office, any local programs, and the Engineering Services Section, Air Quality Enforcement Division.

(E) Monitoring and recordkeeping requirements.

(i) If the operator elects to install and maintain ambient H 2

### S property line monitors to comply with (A) (xi) of this paragraph, the monitors shall be approved by the TNRCC Engineering Services Section, Air Quality Enforcement Division office in Austin, and shall be capable of detecting and alarming at H 2

### S concentrations of 10 ppmv. Operations personnel

26

### shall perform an initial on-site inspection of the facility within 24 hours of initial alarm and take corrective actions as listed in subparagraph (C) (iii) (I)- (III) of this paragraph within eight hours of detection of a leak.

(ii) The results of the VOC leak detection and repair requirements shall be made available to the executive director, his or her designated representative, or any air pollution control agency having jurisdiction upon request. Records, for all components, shall include:

(I) appropriate dates;

(II) test methods;

(III) instrument readings;

(IV) repair results; and

(V) corrective actions. Records of flange inspections are not required unless a leak is detected.

(iii) Records for repairs and replacements made due to inspections of H 2

### S and 802 

### components shall be maintained.

27

### (iv) Records shall be kept for each production, processing, and pipeline tank battery or for each storage tank if not located at a tank battery, on a monthly basis, as follows:

(I) tank battery identification or storage tank identification, if not located at a tank battery;

(II) compound stored;

(III) monthly throughput in barrels/ month; and

(IV) cumulative annual throughput, barrels/year.

(v) A plan shall be submitted to show how ongoing compliance will be demonstrated for the efficiency requirements listed in subparagraph (B) (i) (IV) of this paragraph. The demonstration may include, but is not limited to, monitoring flowrates, temperatures, or other operating parameters.

(vi) Records shall be kept on at least a monthly basis of all 

### production facility flow rates (in standard cubic feet per day) and total sulfur content of process vents or

28

### flares or gas processing streams. Total sulfur shall be calculated in long tons per day.

(vii) Records shall be kept of all ambient property line monitor alarms and shall include the date, time, duration, and cause of alarm, date and time of initial on-site inspection, and date and time of corrective actions taken.

(viii) All required records shall be made available to representatives of the TNRCC, EPA, or local air pollution control agencies upon request and be kept for at least two years. All required records shall be kept at the plant site, unless the plant site is unmanned during business hours. For plant sites ordinarily unmanned during business hours, the records shall be maintained at the nearest office in the state having day-to-day operations control of the plant site.

This agency hereby certifies that the sections as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on July 26, 1995.

29

### rHE STATE OFTEXAS 

### TEXAS NATURAL RESOURCE COU:HYOFTRAVIS

### CONSERVATIONeG~~ 1 true and

### correctcopyc Tb>as Natural Resource Conaervatlon Commission documf the ong.nat ofwhich.ilflleclln llle permanent records of • CcmmiSSIOn GIVenunaermyhand11101M111111ofofficeon



# ,, DOCKET**~** NO. 95-0993-RUL GloriaA.**V~squez.'CiHetCter~** TexaaNatu1e1f!esour..e ConservatiOnComrn1FS1on WHEREAS, pursuant to the Texas Health and Safety Code Annotated, §382.017 (Vernon's 1992); Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993); and 40 Code of Federal Regulations, §51.102, the Texas Natural Resource Conservation Commission (TNRCC or Commission) , after proper notice, conducted a public hearing on April 5, 1995 to consider revisions to 30 TAC Chapter 116 and the State Implementation Plan (SIP) ; and WHEREAS, new §116.14, concerning Standard Permit Definitions, and new §116.615, concerning General Conditions, were adopted. In addition, amendments to §116.610, concerning Applicability, and §116.617, concerning Standard Permit List, were adopted. The adopted rules streamline the permit process for oil and gas facilities and establish a new standard permit for oil and gas facilities under new §116.617(3); and WHEREAS, the Commission duly circulated to interested persons, the Regional Administrator of the U.S. Environmental Protection Agency (EPA), and all applicable local air pollution control agencies hearing notices of its intended action; and WHEREAS, interested persons were invited to submit data, views, and recommendations on the proposed revisions, either orally or in writing, at the hearing; and WHEREAS, copies of the proposed revisions were available for public inspection at the Commission's central office and regional offices prior to the scheduled hearing; and WHEREAS, data, views, and recommendations of interested persons were submitted to the Commission at the hearing and were considered by the Commission as reflected in the attached analysis of testimony; and SEP 1 :· 

## 1'DOCKET NO. 95-0993-RUL PAGE TWO

WHEREAS, the TNRCC finds that said analysis of testimony includes the

n:..mes of_all**int~rested** groups or associations offering comment on the revisf6ns·and-.**th~ir** position concerning the proposed revisions; and '

. •· ·' I ' WHEREAS';•' the Texas Health and Safety Code Annotated, §382.017 gives the Commission authority to make rules and regulations consistent with the policies and purposes of the Texas Clean Air Act; and WHEREAS, the Commission finds that the reasoned justification and factual bases for the proposed revisions are fully set out in the analysis of testimony; and WHEREAS, the Commission hereby certifies that the revisions, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the Commission's legal authority.

NOW, THEREFORE, BE IT ORDERED BY THE TNRCC THAT: 1. The revisions to 30 TAC Chapter 116 and the SIP appended to this Order are hereby adopted and promulgated; 2. The Executive Director is instructed to transmit a certified copy of this Order, together with the adopted revisions, to the Governor of Texas for submittal to the Regional Administrator of the EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, §110, as amended; and 3. The Executive Director is instructed to file a certified copy of the adopted revisions with the Secretary of State pursuant to the Administrative Procedure Act.

PASSED AND APPROVED at the regular meeting of the TNRCC on this the 26th day of July, 1995.DOCKET NO. 95-0993-RUL PAGE THREE

BY: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION**P~** Reed, Commissioner Acting for the Chairman

ATTEST: 

# IThe Texas Package 51 es Association p-ovidedcomment incficaf it was in opposition to §50.9(c) ol the rule. n the anemative to that opposHion, the ialion suggested amendments relaxing the provisions of §50.9(c). The commiss determined that thequestioned provision as necessary. The suggested amendments were rejected becausetheywould rnal<e t proposad ruletoo cumbersome in operaf Thisamendment is ityof§5.31 ofthe Tex Code. that the rule a5 adqlled hes been rev" by legal counsel andfound tobe avalid e erciseoltheagency's legal authority. Issued in Austin, Texas, August 10, 1995. TAD-9510018 Doyn Adml Texas Co Effective date: August 31 1995 Proposal ptblication date June 30, 1995 For lwther ase call: (512) 206-3204 

# • 1TILE 25.

VICES 

### Part XI. Texas ancer Council Chapter 703. t 

### Contracts and Grants

• 25 TAC §703.9, The Texas Cancer Co ments to §703.9 and project contrads andg theproposedtextaspu 1995, issue of the

Twocommentswere r applicabilHytostate a whoare not indLDecl 128.

The amendments are Heanh and Solely Chapters 102. 002 and 102.009, which P«N. estheTexasCan· horitytodevelop and Plan, andTexas 52-13&§4,whichprovide the Texas Can r Counci with the authorly to adopt ru · s governing councl pradice and proced es. §703.9. Audits. Au "ts of contractors are required in accord ce with the requirements of the Unifo Grant and Contract Management Stan (UGCMS). The Council shall reimb se the contractor for the relative cost of e required audit

common lowed: (A)- (No change.) (F) ayment for direct services to patients for screening,diagnosis. or other support servi ifthird-party coverage is currently ilable.

ifies that the rule as adopted has been r iewed by legel counsel and found tobe a v lid exercise ofthe agency's legeI authority. Issued in Austin, Te s. on August 9, 1995. TA0-9509985

Proposal plblicali For luther 463-3190 

# • • • TI1LE 30. ENVIRONMENTAL QUALITY 

### Part I. 

### Texas Natural Resource Conservation Commission Chapter 116. Control of Air Pollution 

### by Permits for New Construction or Modification The Texas Natural Resource Conservatton Commission (1NRCC orcommission) adopts new §116.14, concerning Standard**P..-m~** Definitions and new §118. 615, ooncerning Gen..-alCondftions. Also, the TNRCCadopts amendments to §116.610, concerning Ajlpficabilfty and §116.617, concerning Standard**Perm~** Ust. Sections 116.14, 116.615, and 

## • 20 Te:rReg 6324 August 18, 1995 Te:ras Register • 116.617 are**~ad** wHh changes to the proposed text as published in the March 3, 1995, issue of the Texas Reaister (20 TexReg 1506). Sedion 116.610 is adopted wHhot.C changes and will not be replblished. The new sections and amendments streamline the permit process ICI' oil and gas facilities and establish a new standard permft lor oil and gas tacirdies under new §116.617(3). Sedion 116.14addsadefinition lorthe terms "oil and gas facilfty" and "off-plant receptor." Sedion 116.610 is modified to delete the Gen..-al CondHions and retftle the section to "Applicability." Section 116.615 includes the general oondHions now located in §116.610 andadds applicable general oondHions found in Slb:hapter 8, concerning applicable new source review permits. Sedion 116.617 containsthe standard permit list and adds a new standard permH for oil and ges laciiHies. Aplblichearingwas heldinAustinon April 5, 1995.Sixcommentersslbmitted writtentestimony on the prqJOSal and one commenter presented aal testimony. The GalvestonHouston Associalion ICI' Smog Prevenlion (GHASP). the Texas Mid-Continent Oil and GasAssocia!ion (TMOGA),the CftyolDallas, the Association ot Texas Intrastate Nattnl Gas Pipelines (Intrastate), and the PeMZoil Co1J1>811y made objections or recommendations. The Uniled States Envronmental Protedion Agency (EPA) submitted a leHer stating that iJ: has no issues ol maja' concern. A generaJ comment t-om the TMOGA 8nd lntrastale was thai there are existing provisionsfor permitting oil and gas facilities such as withthestandardexemption program. and thattoday'sstandardpermft shooldbea new, thi'd alternative. Existing wording seems to i""lythattheoilandgesstandardpermft isa replacement forStandard Exemption Number 66. A keypassagewhichclarinedthe relationship tothe standardexerJ1ltion progamwas inad-

, vertently deleted from the Texas Register

proposal. This standard permH is now a third alternative. The GHASP did nol adchss specific rule language, but proposed that a distance re- qui"ement ot perhaps 500 to 1.000 feet shouldbeaddedto reducepotential airpoQution i"ll'lcls from oil and gas laciiHies. Another commenter disa"eed with having distancerequi"ements inthisstandard permit, since the TNRCC and industry policies are SuffiCient. There is an existing TNRCC regulation, §101.4 (concerning Nuisance), which prohil> its the discharge of ai" contaminants in concenbld:ions and di.I"Blion which woutf be injurious to or which wouk.1 adversely affect human health or weUere, animal life, vegetation, orproperty,orwhichwould interlerewith the namal use and enjoyment ofanimal IHe, vegetalion. or property. Best Available ControlTechnology (BACT) and impeds considerations Qnch.ding otl-plant receptors) were incorporated into the rule development. Hyd'ogen sumde (H
..S) emission limits in this rule take into consideration the distance to the nearest on-plant receptCI' to ensLn consistencywiththe**pr~y**line standards in30TAG §112.3(a) and §112. 31 (concerning conlrol of sulfl.l' dioxkle); therefore, distance requirements have been adequately adcrossed. The GHASP also objected 10 1he 11at lee o1 $450tor eachoil andgasstandardpermit on lhe grounds that this tee is equrvatent to a stbsidy lor industry. Staff time and manpoYter to eValuate and processastandard permitapplication are significantly less than the resou-ces requi"ed to**rev~** and process a formal Subchapter B permit awttcation. The intent of a standard permit istosimplifyandacceteratethepermit review process for facilities which can prequalllytoa relativelystringent level ofcontrol. Standard permit review is_ streamlined because BACT**meas~Ses** and pollution impacts are incorporated intothe standard permit eligibilityaiteriasothatthe extenlofthe permit review consists only ol ensuring the lacility meets an. conditions of the standard permit. The TNRCC staff maintainsthat a $450 permitiij:plicationteeisconsiSienlwiththe exiSIing tee structure and is app-cp-iate for the resol.l'ces requi"ed to review and process a S1andard permit -tication. TheTMOGArequested 1hat 1he TNRGG consoar dele1ing §116.610(d)-(g), concerning applicability, since they appear to be redundant 10 the general conditions urder §116.615(1)-(3) and (9). TheTNRCCs1aH**a~ees** 1ha11he intent olthe rute revision wasto dekrte lhe outdated general**cond~ioos** in §116.610(d)-(g) and aeale a new §116. 615**en1~1ed** "General Cooditions: However.thefinal rutecannotbe modified, because in the proposal, subsections (d)-(g) were proposed**w~h** no changes. Therefore, subsections (d)-(g) must be deleted in a future pr01X>58I. IntrastateandtheTMOGAoHeredchangesto the definition ofthe term "'oil and gas facility" in §116.14, concerning Standard Permit Definitions. The TMOGA suggested using the term •water injection• in place of "'satl water disposal," and adding a**defin~ion** lor "sullur recovery unit"' to distinguish suHur reCOYery units from naturalgas sweetening units. The newdefinition for sulfur recovery units would be •a processdevtce whose pimary PIJlX>SS istorecoverelementalsulfurfrom aci::t gas; a process device that incidentally recoVers minorquantitiesofelementalsuHurdwing natural gas sweetening shall not be considered a sulfl.l' recovery unit: In Intrastate's opinion, the term "'facility cluster" is misleading and should be clarifted to include specialtypes of equipment. TheTNRGG hasnoobjection1o replacing 1he term "'satt water disposal• wilh ·water injection; adding a definition lor sulll.l' recOYery unit, and replacing the term •tacility cluSier" with "'facility." These changes have been incorporated into §116.14relating todefinitions. Ho.vever, the TNRCC does not agree with the proposed definition tor a sunur reCOYery unit. The TMOGA does not consi::Jer a "'loGal" unit (a prcp-ietary device name) as a term ofsulfur recovery andtakesthe position that the sulfur recovered by a Lo-Cal unit is incidental. Instead, the TNRCC consi::ters a Lo-Cal unit tobe a true lorm olsulfur recbv· ery, and retains the original language to ex· elude aU sulfur recOYery Wlits. lntraS1a1e, 1heGHASP, andtheGny ol Dallas disagreed wi1h**para~aphs** in §116.615, concerning General**Cond~ions.** They slated thai

. in para(J"aph (1),theterms"'weHare andenvi· ronment" should be added to the general purpose of pro1eding healhand property. In**para~aph** (2), the GHASP objected to the 30-<lay time windCM to no1ity the TNRCC of changes in representations ot the permit Intrastate objected to the notificalion requi"ements in the case of plant shutdo.vns or deaeases in production levels. The City of Dallas and the GHASP S1a1ed 1hat para-**~aphs** (2) and (6) should indude no1iriC81ion of local ai" quality agencies in changes of representation an::t l4KJf1 start-up. In para-**~aph** (4), the GHASP S1a1ed tha1 the term "reasonable time• shouki be better defined because ij is too slbjective; ano1her commenter supported· lhe more general 1erms. In**para~aph** (5), lntraS1ale dJjected 10 notificalion requi"ements l4KJf'l changes in cons1ruclion scheduling.·The GHASP also desO-ed claririC81ion of time periods opacified in**para~aphs** (6) and (7). relating to start-14' notificalion and sampling requi"ements. FinaHy, the GHASP requeS1ed 1hat i-malion in**para~aph** (9), relating 10 recortl<eeping, should be maintained by the plant operalor for alleastfive years, inSieadoftwo years as proposed. Responses follow the ader of comments presen1ed.TheTNRCCfeelsthattheconcept ot "weHare" is adequately 1realed in para-**~aph** (1) and is consiS1ent wijh the General Rules (30TAG§101.4). Nochangeis needed 10 §116.615(2), regarding the no1ificalion 10 the TNRCC within 30days after the change, because a facility may remain eligible forthe sta..-.:::tard permit follo.ving changes; therefore, post-change notifica1ion isacceptable, bu1the rule wadinghas beenmodified to clarity this assu!l1)1ion.TheTNRCCdoesnotagree with lntraslale's request to exclude notifications in the cases of remOYal, shutdown, or other deaeases in emissions, becausethe cl.ITent wordingol §116.615(2)specifically Slatesthat notificationtotheTNRCCof changes in conditions is requi"ed it the tacility is no longer eligible for a Slandard pennit or itthe change inco..-.:::tilions will resutl in a change in melhod ot control, a- change in character of emissions, or an inaease in discharge ot emissions. Notification to other ai" pollution agencies havingjl..lisdK:tion has been added in**para~aphs** (2) and (6). The TNRCC has deci::ted to retain the term "reasonable time"' in pera(Japh (4), since ·reasonable ttme• for projed C0111Jielion wilt vary depe..-.:::ting on each project's size a..-.:::t complexity. In response to the comment regarding construelionprogress in paragraph (5), I is necessary to monilor Slart of construction a..-.:::t construction inlerruptionsto enforce the requirements ot**para~aph** (4). The TNRCC S1aH beieves that it is not necessarytospecify a minimum lime for advance notification to lhe regional oHices priorto start-14'and samplingot facilities which are eligibte fa a standard permit, since the lacililies are smaller sol.l'ces ot emissions. The TNRCC allocates staH resol.l'cesto larger emission sol.l'ceswhich are not eligible lorthe standard permit; therefore, the TNRCC leets that nolification prior to start-14' and sampling in**para~aphs** (6) and (7) without a minimum time specified is adequale. The TNRCC atso disa(J"ees with Intrastate's requeSI toremovetherequi"ement ofcontacting the TNRCC Office of Air Quality prior to samplingto otlainthe properdataa..-.:::t forms andto get apprOYal for the S&r11Jiing method seleded.These requi"ements are necessary to maintain consiSiency and to ensu-e sampling is conduded properly. l.as11y, the TNRCCdisagreeswijhthe GHASP's request torequi"e fiveyearsofdatalordemonstration ot complianca in §116.615(9) 'and §116.617(3)(E)(viii). The TNRCC teals 1hat the requirement to maintain information on file faat least two years is sufficient to demonSirate compliance wilhslandardpermit representations and is consistent with existing rulesandCLITBnt permit requirements. A public compliance file is maintained at the TNRGG Austin olfica for periods much longer than two years a..-.:::t may be viewed upon request The TMOGA, Intrastate, the GHASP, and Pennzoil suggested revisions to §116.617(3)(A), concerning emission specifications. Several commenters desired the TNRCC to adopt some**spec~ic** oil and gas induS1ry 1erminology. The TMOGA disagreed wilhthe wording concerning releases of more than0.3 long tons of sulfl.l' perday byspecityingventsor nares in dause (i), becausethe limits awlytoventing or Haring, not the content of the petrochemicals themselves. Intraslate desred 1hal 1he standard permi1 fimitation on sunur emissions should be expanded 10 1wo (2.0) long tons per day to be consistent with the applicable Slandard exemptiontoroilandgasfacilities.TheTMOGA suggested that the proper term shouki be •routed"' instead of •vented"' in clause (ii). In clause (iii), the phrase "faill.l'e of utilities• shoukibe replaced with "emergency relief of system pressure." The GHASP desired 1ha1**n~ure** discsshould be placed ahead of any safety relief valves; TMOGA disagreed with this design because i..-.:::tustry safety policies expresSly prohilit this pradice. Finally, clause (vi) should be revised 1o clarity 1hat a 40 million British thermal unit per hOll' heat inputthreshold reiates 10 maximumheat input during operation instead of being a design parameter. The TNRCC agreestosome minor changes interminology contained in §116. 617(3)(A)(i) and (ii) as recommended by 1he TMOGA. The TNRCC SlaH disa(Jees with the recomme..-.:::talion by Intrastate to change the sulfur limit to include facilities which co..-.:::tition produced gas "' to 2.0 long tons per day o1 suHLI'. While it is true that Standard Exemption Number66 inch.des sulfur recovery units whichco..-.:::tition produced gascontaining tess 1han 1w0 long tons per day o1 sulfur compounds, thisstarDardpermitdoes1101 inch.De sulfl.l' recovery units. FL11her, sultl.l' which is not recovered is emitted to the,atmosphere and is timrted by Standard Exemption 66 to a maximumof25tonsperyearofsulfl.l'dioxi::le a..-.:::t 4.0pou..-.:ts per hol.l' of total sulfur compounds.

+ ADOrTED RULES August 18, 1995 20 Te:rReg 6325Regarding the discussion of "4lfure disks in**§116.617(3)(A)(o~.** the TNRCC disa"ees wlh the reccmmenda.tion to requi'e rt4)t!Se discs onsafety relief valves. because det.is from a ""'"eddisccould lodge inthe safety valve causing it to maHunction and result in the loss of a vessel. Section 116.817(3)(C)(i)(VII) and**~~(VII)** raqui"e that accessiblevalvesbeleak-checked for fugitive emissionsat leastquarlerly wHh an approved gas analyzer. These same slbclauses allow the COI'J1)af1Y the option of installing rt4J!Ure discs onvalves which are not monitored. Rega-ding §116.617(3)(A)**~u)** and emervency procedures, the TNRCC disa"ees wHh the TMOGA'srecommendation lo replace •taiiU"e of utilities• with •emergency reltet of system priSSU'e,• Alee this would likely exempt all relief v&ties from minimum vent height requnrnents. The TNRCC disagrees wHh the TMOGA's naoommendafion tobase the oxides of nitrogen (NO) limitation on the maximum heal input dU"ing operation asORJOS8d to by design specifiCBfion. The intent of this ...,..."aph is IO OnsU"O thai oombuslion unils with a design maximum heat ii1Jut graaler than 40 mimon British thermal units (MMBiu) per hour wiD not exceed 0.06 poundsofNO, per MMBfu. If based on heal input dl.l'ing actual operation, combustion units with design capaciUes o-eater than 40 MMBiu could be able to operate at or below 40 MMBfu and ami more than 0.06 pounds ol NO,per MMBiu. There would be no guarantee thai the unit would be able to achieve the 0.06 poundsper MMBiu NO, limHation if the heal input of the unH was increased above 40 MMBtu. Pemzoi offlnd an eddorial change in §116.617(3)(A)(w)todeletethephrase "relating to lhe Standard PermH list" because H appears to be redundant. TheTNRCCdoesnolag-eewiththe Pennzoil comment thai the last sentence of §116.617(3)(A)(w) is redunclant and should be defefed. The current language is not redunclarC, since §116.211(8)(1) of this IHie conlains applicable emission limits which are 1101 listed in Standard Exert'4ltion Number 6. Many commenters submtned major commentson pocess andfugitive emissions limHs contained in**§116.617(3)(A)(vi~~x).** The TMOGA and PeMzoil requested that the uncontrolled process emission imHs for total volalile organic hydrocarbons in clause (vii) be setat 25 tonsper year (tpy) and that the TNRCC sel a new limit of 20 tpy for fugitive volatile organic compound (VOC) emissions. The existing 10 lpy**app~cabiify** lhnashold as Sfafed in the standard perml proposal for oil and gas facilities coukt impose regulatory bt.a'dens**~** regardto costs,while having negligible 

### or quality benefits. Cornmenters also Slated thai requrements for monHoring total fugHive emissions below 25 lpy should beremoved. becausemanyoftheaflecfedoil and gas facilities are in remote, n.n.l areas, making emissions controls and monitoring very COSily. Anolher major reccmmenda.tion for lhe prqx>sed rule language is to remove the leakdefection requi'ements for hydrogen sutfi:le and sulh.r dkJxtde p-ocess emissions set forth in §116.617(3)(A)(ix). The TMOGA strongly oqected to stringent leak defection andrepai'programsfortheoilandgasindustry, monitoring standards knownas "28VHP," whidl require carectiveactions ifVOC levels exceed 500 parts per miDion, and suggested the deletion of the enti"e §116.617(3)(C)OO. FinaUy, Intrastate again objected to fugitive leak detection for piping and valves smaller than a nominal two-inch diameter size. Pennzoil suggested thai §116.617(3)(A)(vi) and (via) could be improved by coiTbining themto read: "Iftotal VOC emissions exceed 25 lpy and total fuglive VOC emissions exceed 20tpy, equipment wit be inspacfed according tosubparagraph**(C)(~."** Alternatively, the TMOGA suggested language to not control VOC emissions a1 oil and gas facilities if total emissionsare below 25 tpy and**~** fugitive emissions are below 20tpy (as in Standard Exemption Number 66), and use "28M Guidelines" iftotal VOC emissionsare equal toor

# -ve 25tpyandfugijivesareabove20 tpy. Relatively minor**sugge~tions**forthe fugitiveemissionssectionsin §116.617(3)(A)(vi)- (x) were also included. The TMOGA requested that only piping and vafvas**~ater** than two indles oominaJ size be included in fugitive emissions estimations. Regarding the TMOGA and PeMzoi comments on §116.617(3)(A)(vu) and (vio), the TNRCCa"eestoadd flexibiiHy intothe fugitive VOC monHoring requin!mentsby consideringthe<fostance betweenthefacifdyandthe nearest off-plant receptor. This flexbility wil significantly reduce the number of facilittes subject IQ §116.617(3)(A)(viii). The TNRCC disag-eeswith the recommendation to delete**§116.617(3)(A)(vii~** and §116.617(3)(C)OO. The TNRCCfeelsthisfugHive momoringpro- "am is necessary to control large emission sou-ces, inciLJ:ting sources with unconb'olled emissktns g-ealer than 25 tpy whidl are bcaleddosetoanoff-plant recepforandforan sources with unoontroJJed emissions**~er** than40tpy.These controls are necessaryto protect p!blic heafth, welfare, and the environment from the potential impactsofsignificant emission sources. The TNRCC disag-ees with lntrastale's recommendation to exdLJ:te piping and valves less thantwo inches in nominal size**~**the fugitive emissions estimation, since these must be included to determine the. level of lugitrve VOC monitoring covered under**§116.617(3)(C)(~** or**(i~.** and for the sake of ruleconsistency.asstatedpreviously. Forthe sake of consistency and general enQineering practices, 3DTAC Chapter 115does not exclude piping and valves lessthantwoinches in oominal diameter from monitoring requi-ements. Therefae, all piping must be moni· tored except as noted inthe standard permH. TheTMOGArequestedthaiafternalive methods to apprOYe flare design, such as EPA Referenca Mefhod 22, should be allowed fo be approved if approved by the executive director. Finally, the GHASP desi"ed thai infrared monitors be requi'ed to monitor ftame temperalu-e. The TMOOA opposed thisview andofferedthat a thermoco14>le is equivalent to the use of inhred equipment for name temperalure detedion. Regarding §116.617(3)(A)(x), the TNRCC agreesto indLJ:te wordingwhidl wiDallowan

20 Te:rReg 6326 August 18, 1995 Teras Register • equivalent performance Slandard approved by the commission. The intent o1 §116.617(3)(A)(x) is for flares to meet the design and operational requrements o1 40 Code ol Federal Regulations (CFR), Part 60.18 and not lhe physical i15P11Cfion and testing requi"ements lhemsalves. The word "inspacled' has been removed """' lhe rule texttoclarify thisraqui"emenf. Regowding the recommandallon from the GHASP onlhe intared monlor, an Dr.-eel monilor is no1 in thiscaseanenossionsrNBsumgdevioa. If is solely used to delecl flame-out conditions. OpacHy and

- emiSSion operationalne- qui"ements ana contained in a separate rule (30 TAC §111.111(8)(4)). The TMOOA, lntnastafe, and PeMZoi**~** jectedIO -hsin §116.617(3) (B),con- ca-ning control requirements. One commenter Sfafed thaithe imHalions in subsection**(~** should not apply to press..w.d fari<s. andthai -ingroof

- - not be required unless the lank capacity is greaterthan42,000gallons.The existingrule isnguagelimitstankswifho<f -ingroofs to 25,000 galons. Another commerder Sfafed that blmtls are the industry standard for measuring lank sizes (e.g., a 1,DDO-barrel limH). Furlher, BACT for storage
- requi"esnooortro1s**~**lhetruavaporpressureis lesslhan 1.5poundspersquareinch(psi),as staled in 3D TAC Chapter 115. The BACT requi"ementshould beincnlasedfrom 0.5psi to 1.5 psi at maximu-n operating temperaIU"es,becausethese rulesaredesignedtobe the most stringent rules fo prove,.. ozone fonnalion in

### or qua11y nonaffainmenf

### areas. Additionally. the desired 42,000 gallon and 1.5psilevelsarewarranfedbecauselhayare equivale,..to**EPA~** for federal New Sou-ca Perflmlanoa Standards (NSPS) and Control Technology Guide6nes. Opposing this view, the GHASP raql»SSed thai the 25,DOO-galonlanksize linlifafionbere&lricled to 5,000 galons, above which floating lank roots woukt be requi'ed. Regll"ding comments to §116.617(3)(BW). the TNRCC

- to include an exception for preSSIOized tari<s which con.,ty with Standard Exemption Nu- 83 and also a"""stoinclude the farm "nciminar relating tolankcapacity, toallow for slight v-tions in lank capacify. TheTNRCCdisagreeswlhchanginglhesize or vapor pressLI"I exempUon limits tor storage tarl<s, since lhe lirnHs in the proposed rule are consistent with current BACT requrements. The TNRCC also feels I is not necessaryfoexpressthe storagetarl<capacijy in units of ban"els, sinca lhe convension

..

om unHs of gallons to barrels is very straightforward. In lacl, ban"els are used in monHorinO and reoorclceeping requi'emenls in**para~** (E) oflhe standard parmi,but tarl< capacity is fypicaly sized in terms of galons. The GHASP and the TMOGA nasponded fo language in**§116.617(3)(B)(~(IV),** relating to control requi'ements.. In addition to using ftoating-roof ,.,.... to capfU"B vocs, - containment or destruction methods should be allowed. TheTMOGA noted lhal ,.._... ized oontainers may be used to prevent hydrocarbonloss, asanotheroptionto requiring

# •floating roof tanks a flares. The GHASP questioned why vapor recovery systems (95%) are 3.0% less eHedive than combus· lion devices (98%), so that the two allerna· 's are not equivalent. 1h8 TNRCCa(J"ees to modifythe wading of §116.617(3)(B)(u)(ll)(-a-) tram "eoolrol efficiency• to •destruction efficiency• for consistency wijh**§116.617(3)(B)(~(IV)(-a-).** In response tothe comment regarding the3.0% difference between the control efficiencies at oombuSlion devices and vapor recovery systems, il is noltechnically leasblefaa vapor recovery systemto achieve the same control efficiency as a combustion device. The TNRCC does not specify the type of control to be used, since this win vary depending on variables such as the type and quantity ol pollutants to be controllad, type of process, and technical and economic feasibility. The control etfeciencies K:tentifl8d in §116.617(3)(B)(ii)(ll)(-a-) and (-b-) raprasent efficiencies which lhe TNRCC Cln"entty considers to be best available and mosl: technicalfy feasible lor the respective control devices. It is important to note thai vapor reCCNery systems do not intrcduce new contaminants into ambient ai" as a resutl of lhe control p-ocess, as do combuSlian devices and flares. Vapor recovery systems remove contaminants tram a waSle stream, whereas combusrion devices convert contaminants into other less hazardous corJ1X)Unds which are then introduced into the atmosphere. The TMOGA suggestad amending**16.617(3)(C)(~(I).** concerning inspectioo

-1uirements, to delete metric measurement units, include evaluation of SRlficable NSPS criteria fa determining whether to monitor piping and valves two inches in nominal size andsmaller,and remove the term •1.4)stream· relalingtoinstallation at**~LI'e** discstoaDow nexibility in ruptl.l'e disc location. Regarding the TMOGA comments on §116.617(3)(C)(i)(l), metric equivalents are proposad as a method of being flexille, not as a restrictive measure. In the last sentence of the same slbclause. the TNRCC agrees with lhe TMOGA's recommendation to in· etude the applicabilijy of NSPS and Chapter 115. TheTNRCC alsoagrees wijh TMOGA's recommendation to delete •1.4)stream• to al· klw the option of instamng an upstream or downstream rupll.l'e disc. In**§116.617(3)(C)(~(II),** the GHASP questioned the definitton of the terms •technically feasible· and •rendared imp-adicar as they applyto repairson leaking p-ocess VOC fugitive emissions. The same commenter similar1y questioned the definition of the term ·reasonably accessible• in sliJclause (IV). Also, the commenler requested thai wakttTough inspection records be maintained on a weekly basis in subclause (V), and in subclause (VII) that press<re gouges should be installed to monitor rupture disc**inteo-~Y** These same commenls would also apply to §116.617(3)(C)(o), concerning oil and gas facilities which have the potential to emit over tons per year. Hegarding the GHASP's comments on the tenns•technicallyfeasible• and•rendered im· p-acticat,· the TNRCC leels that these terms cannot bespecificallydefined, sincethere are too many variables to evaluate before a de· termination is made. The deflllilions will vary depending on the type and compledy of the p-oject or silualion. The TNRCC will deter· mine whatts considered 1echnicallyfeasible• and a •rendered imp-adicar on a projed-byproject besis. Regarding the comment on the definition of the term •reasonably accesst:JJe• used in**§116.617(3)(C)(~(IV)** and**(i~(IV),** reasonably accessble valves are those which would not expose monitoring persoMel to immediale danger. TheTNRCCdetermineswhal is considered •reasonabfy accessible• on a caseby-case basis due to the variability of monitoring scenarios. The height imitation oftwo melers aiginaled in 40 CFR, Part 60.482-7(h). which considers valves to be lnaccessbleifthey cannotbe monitaedwithout elevating the monitoring personnel more than two meters above a support surface. Section 116.617(3)(C) (i)(IV) and (i)(IV) requi"e thai a list of inaccessible valves be maintainedand madeavaiiable 1.4)0n request; therelae, any valves which the company considers to be inaccessllle are sli>ject to evaluation by lhe TNRCC. Regarding the GHASP comment on §116.617(3)(C)O)(V) and**O~(V)** which identified the need to keep records documenting Visual, audllle, and oHadory inspedions, these recads are a
.. eady inch.ded in**§116.617(3)(E)(i~-** Regarding lhe GHASP comment on**§116.617(3)(C)(~(VII)** and Oi)(VII) requesting that r'4't<re discs be requradto be equipped wijh presslll! gouges, this requi"ement is a
.. eady indudecl in these two slbclauses.TheTNRCC does not agree wHh the GHASP's request to include**§116.617(3)(C)(i~(XI)** under**§116.617(3)(C)(i~.** Including the directad maintenance requi"ements in two locations under the same fugitive monitaing P'OO"am would ba redundant. The TMOGA suggested the removal of the requi"ement to perfcnn daily inspections for each sije in**§116.617(3)(C)(ii~** on the basis that addedexpenseswould make marginal oil and gas laciiHies u'1)r<lfrtable. The TNRCC has modifiad the language of §116.617(3)(A)(ix) and -ad new §116.617(3)(EW)toallowthe optiooofinstalling ambient H.,S p-operty line manilas in the event itts not possible faoperations personnelto checkthe lacilijyon adailybasis. This regulatory flexibility allows lor iow-cost, unmanned**stn~eillance.** The TNRCC hes replaced "plant personner with •operatingpersonnel.·TheTNRCCdoes not ao-ee with the recommendation todelete §116.617(3)(C)(iii) (Ill). This**requ~ement** is necessary in the evenl that eflorts Ia isolate and repai" the leak, as required by §116.617(3)(C)(iii)(l) and (II) are unsuocesslul. The TMOGA suggestad modifications to §116.617(3)(D). concerning approvad test methcds, inwhich airquality modelscould be used todemonstratep-aper q,erationofcondensers instead of using manilas. Use at dispersion modeling can be used tor p-ediding VOC emissions from gtycol dehydrata units. The TNRCC does not entirety a(J"ee with the TMOGA's recommendations to §116.617(3)(D), regarding the use of computer simulation mcdeling in lieu of ambient**sam~ing**to demonstrale p-aperin-useoperation of a condenser. While computer simulations are effective tools for predicting air Quality impads,theycannel be used toverify actual operating conditions fa demonstration ofcomplianca wijh permitimijs.The TNRCC maintainsthat**sam~ing** andtestingis necessary to cbtain actual data to verify thai a control device is actually operating as p-eviously predictad or representad. TheTMOGA, GHASP, andthe CHy ofDallas ollerad corrections to §116. 617(3)(E). concerning monitaing and record<eeping requi"ements. The TMOGA arguad that inspection records be kepi for process vents a flares, but not forall p-ocess streams. The GHASP and the CHy of Dallas notad that local air pollution agencies should be includad in**§116.617(3)(E)(~.** regarding availabiiHy of lugHive inspection and repair information. The TNRCC ajJ"ees wHh the TMOGA's recommendation to allow records to be kept: on the total sutfu' content of gas process vents or nares, but does not agree with removing the optioo of keeping recads on the total suttl.l'content ofgasprocessingsrreams.The TNRCC prefers to include both options to aliownexbililyinthe methodusedfademonstrating compliance with total sulfu' content rtmils. TheTNRCCa179eswith recommenda· lions to include ai" pollution control agencies in the notification requi"emenas under §116.615(6) and (7) and**§116.617(3)(E)Q~.** as recanmendad byGHASPand the City of Dallas. Under §116.617(3)(E)(1Y), the GHASP requested definition of the term •continuous compliance." The TMOGAsuggestadthat the term •continuous· in clause (iv) should be deleted from permit corJ1)liance demonstrations. Regarding the GHASP's request lora**delin~** lion of •continuous**com~iance,•** this term cannot be specifically defined, since demonstration of**com~iance** will varydepending on each facility andtype of operation; therefae, the TNRCC wm determine how continuous**com~iance** will be demonstrated on a caseby-case basts. Continuous compliance may ba demonsb'ated through a variety at methcdswhich may include periodic monitoring or recording ofapp-opriate operational parameters on acontinuous basisa on some ongoing specified lrequency. The TNRCC hes replaced the term •continuous· with "ongoing,•hoNever,to clarifyits intent,becausethe formertermcan beconfusedwithContinuous Emission Monitoring Systems, a technical sampling protocol. 

### Subchapter A Definitions • 30 TAC §116.14 The new section is adopted underthe Texas HeaNh and SafetyCode, Texas Clean ArAct (TCAA) §362.017, which provides the TNRCCwijhthe authorny to adopt rules con-

• ADOPTED RULES August 18, 1995 20 TexReg 6327sistent wijh the policy and pt6p0Ses ol the TCAA. §116.14. Standard Permit Definilions. The following words and terms, whenusedin thissubchapter, shall havethe following meanings, unless the context clearly indicates otherwise. Oil andgasfacility-Forthepurposes ofSubchapter F ofthis chapter (relating to StandardPermits)only,oil andgasfacilities shall be defmed as facilities which handle gases and liquids associated with the production. conditioning. processing, and pipeline transfer of fluids found in geologic formations beneath the earth's surface. These oil and gas facilities include, but are not limited to: oil or gas production facilities; water injection facilities; carbon dioxide separation facilities; or oil or gas pipelinefacilities consisting ofone ormore tanks. separators. dehydration units, free water knock-outs, gunbarrels, heater treaters, vapor recovery units, flares, pumps, internal combustion engines. gas turbines. compressors. natural gas liquid recovery units. or gas sweetening and other gas conditioning facilities. This definition does not include sulfur recovery units. Sulfur recovery unit-For the pur-**~** poses ofSubchapter F ofthis chapter only, sulfur recovery unit shall be defmed as a process devicewhoseprimarypurpose is to recover elemental sulfur from acid gas. Off-plant receptor-For the purposes of Subchapter F of this chapter only, offplantreceptor shallbedefined as anyrecreational area or residence or other structure notoccupiedorused solelyby theowneror operator of the facilities or owner of the property upon which the facilities are located. This agency hereby certifies that therule as adoptedhasbeenreviewed by legal counsel andfound tobeavalid exerciseofthe agency's authaity. · Issued in Austin, Texas, on August 9, 1995. TRD-9510157 Lydia Oonzalez·Gromatzky Aeting Diractor, Laglllf Servi.;es Division Texas N81ural Resource Conservation Commission EHective dale: September 1, 1995 Proposal publicatioo date: March 3, t995 For h.rther information, please call: (512) 239-1966 

# • • • Subchapter F. Standard Permits
• 30 TAC §§116.610, 116.615, 116.617 The amendments and new sedion are adopted under the Texas HeaHh and Safety Code, Texas Clean Ar Ad (TCAA), §382.017, which provides the TNRCC**w~h** the auhority to adopt rules consistent**w~h** the policy and purposes of the TCAA. §116.615. General Condirions. The following general conditions shall be applicable to holders ofstandard permits, but may not be specifically stated within the standard permit document. (I) Protection of public health andwelfare. 1beemissionsfrom thefacility shall comply with all applicable rules and regulations of the Texas Natural Resource Conservation Commission ('INRCC or commission) adopted under the Texas Health and Safety Code, Chapter 382, and with intent of the Texas Oean Air Act (TCAA).includingprotection ofhealth and property of the public. (2) Standard permit representations. All representations with regard to construction plans, operating procedures, and maximum emission rates in any registration for a standardpermitbecome conditions upon which the facility or changes thereto, shallbeconstructedandoperated. It shall be unlawful for any person to vary from such representations ifthechangewill affectthatperson'srightto claim.astandard permit under this section. Any change in condition such that a person is no longer eligible. to claim a standard permit under this section requires proper authorization under §116.110ofthis title (relating toApplicability). U the facility remains eligible to claim a standard permit. the owner or operator of the facility must notify the 1NRCCofany changein conditions which will result in a change in the method of control ofemissions, achange in the character oftheemissions. oran increase in the discharge ofthe various emissions as compared to the representations in the original registrationoranypreviousnotificationofa change in representations. Notice of changes in representations mustbe reccived by the 1NRCCnolater than 30 days after the change. (3) Standard permit in lieu of permit amendment. All changes authorized by standard permit to a facility previously permitted pursuant to §116.110 ofthis title (relating to Applicability) shallbe administratively incorporated into that facility's permit at such time as the permit is amended or renewed. (4) Voiding of standard permit. A standardpermitunder this chapter is automatically void ifthe holder fails to begin construction within 18 months of date of registration. discontinues construction for more than 18 consecutive months prior to completion, or fails to complete construe· tion withinareasonabletime. Uponrequest. the executive director may grant aonetime 18-month extension of the date to begin construction.

20 TexReg 6328 August 18, 1995 Texas Register • (5) Construction progress. Start of construction, construction interruptions exceeding45 days, and completion ofconstructionshall bereported to theappropriate regionalofficeofthe 1NRCCnotlaterthan 15 working days after occurrence of the event. (6) Start-upnotification. Theappropriateair program regional office ofthe commissionand anyother airpollutioncontrol program having jurisdiction shall be notified prior to the commencement ofop· erations of lhe·facilities authorized by the standard permit in such a manner that a representative ofthe 1NRCC may be present. Phased construction, which may involve a series of units commencing operations at different times. shall provide separate notificationfor the commencement of operations for each unit. (7) Sampling requirements. If sampling of stacks or process vents is required,the standardpermitholder shallcontact the 1NRCC Office ofAir Quality and anyotherairpollutioncontrol programhavingjurisdiction prior to sampling to obtain the proper data forms and procedures. All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission. 1be standard permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an in-

.dependent sampling consultant. (8) Equivalency of methods. It shall be the responsibility of the standard permit holder to demonstrate or otherwise justify the equivalency ofemission control methods, samplingorotheremission testing methods. and monitoring methods proposed as alternatives to methods indicated in the conditions ofthe standard permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the executive directorprior to their use in fulfilling anyrequirementsofthe standardpermit. (9) Recordkeeping. A copy of the standard permit along with information and data sufficient to demonstrate applica· bilityof and compliance with the standard permit shall be maintained in a file at the plantsite and made available at the request of persoMel from the lNRCC. United States Environmental Protection Agency. or any air pollution control program having jurisdiction. For facilities that normally operate unattended. this information shall be maintained at the nearest staffed location within Texas specified by the standard per· mit holder in the standard permit application. This information shall include, but is notlimited to,production records and operating hours. Additional recordkeeping re· quirements may be specified in requirements for the standard permit. Infor-I mation in the file shall be retained for at least two years following the date that the information or data is obtained. (10) Maintenance of emission control. The facilities covered by the standardpermit shallnot be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. Notification forupsets and maintenance shall be madein accordance with §101.6 and §101.7 of this title (relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance). (11) Compliance with rules. Registration ofa standard permitbya standard permit applicant constitutes an acknowledgement and agreement that the holder will comply with all rules, regulations. and orders ofthe commission issued in conformity with the TCAA and the conditionsprecedentto thegrantingofthe standard permit. If more than one state or federal rule or regulation or permit condition are applicable. the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance includes consent to the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relatingtotheemission orconcentration ofair ) contaminants, including compliance with 

### '<, the standard permit. §II6.617. Standwd Permir List. Pursuant to theTexasClean Air Act, §382.05!.projects involving the types of facilities or physical or operational changes to facilities listed in this section qualify for a standard permit subject to the conditions stated in §116.610 of this title (relating to Applicability). (1)-(2) (No change.) (3) Installation and/or modification of oil and gas facilities. (A) Emission specifications. (i) Venting or flaring more than 0.3 long tons per day of total sulfur shall not be allowed. (ii) No facility shallbe allowed to emit total uncontrolled emissions of sulfur compounds, except sulfur dioxide (SOJ, from all vents (excluding process fugitives emissions) equalto or greaterthan four pounds per hour unless the vapors are collected and routed to a flare. 

### '! (iii) Any venr, excluding any safetyreliefvalves that discharge to the

· )'atmosphereonly as aresult offire or failure

, ofutilities. emitling sulfur compoundsoilier 

### l than sulfur dioxide. shall beat least 20 feet f above ground level. (iv) New or modified internal combustion reciprocating engines or gas turbines permitted under this standard permit shall satisfy all of the requirements of Standard Exemption Number 6, except that registrationusingtheForm Pl-7 or Pl-8 shall not be required. Emissions from engines or turbines shall be limited to the amounts found in §116.2ll(a)(l) of this title (relating to Standard Exemption List). (v) Total volatile organic compound (VOC) emissions from a natural gasglycol dehydration unit shall notexceed ten tonsperyear(tpy) unlessthe vapors are collected and controlled in accordance with subparagraph (B)(ii) of this paragraph. (vi) Any combustion unit (excluding flares, internal combustion engines, ornaturalgas turbines), withadesign maximumheatinputgreater than40million British thermal units (Btu) per hour (using lower heating values) shall not emit more than 0.06 pounds of nitrogen oxides (NO.) per million Btu. (vii) No facility which is less than 500 feet from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than ten tpy, but less than 25 tpy. unless the equipment is inspected and repaired according to subparagraph (C)(i) of this paragraph. (viii) No facility which is 500 feet or more from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 25 tpy unless the equipmentis inspected and repaired accordingto subparagraph(C)(i)ofthisparagraph. (ix) No facility which is less than 500feet from the nearestoff-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 25 tpy unless the equipmentisinspected and repaired according to subparagraph (C)(ii) of this paragraph. (x) No facility shallbeallowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 40 tpy unless the equipment is inspected and repaired according to subparagraph (C)(ii) of this paragraph. (xi) No facility which is located less than onequarter ofa mile from the nearest off-plant receptor shall be allowed to emit hydrogen sulfide (H,Sl or**so~** process fugitive emissions unless the e-,qu-ipment is inspected and repaired according to subparagraph (C)(iii) of this paragraph. No facility which is located at least one quaner of a mile from the nearest offplant receptor shall be allowed to emit H,S or**so~** processfugitiveemissionsunless the equipffient is inspected and repaired according to subparagraph (C)(iii) of this paragraph or unless the H,S or SO, emissions are monitored with ambient property line monitors according to subparagraph (E)(i) of this paragraph. Components in sweet crudeoilorgasservice asdefrned by Chapter 101 of this title (relating to General Rules) are exempt from these limitations. (xii) Flares shall be designed and operated in accordance with 40 Code of Federal Regulations (CFR), Part 60.18 or equivalent standard approved by the commission. including specifications of minimumheatingvaluesofwastegas.maximum tip velocity, and pilotflame**monitor~** ing. If necessary to ensure adequate combustion. sufficientgas shall be added to make the gases combustible. An infrared monitor is considered equivalent to a thermocouple for flame monitoring purposes. An automatic ignition system may be used in lieu of a continuous pilot. (xiii) Appropriate documentation shallbe submitted to demonstrate that compliance with thePrevention ofSig- ' nif1cant Deterioration (PSD) and

nonattainment new source review (NSR) provisionsoftheFCAA.PartsC andD.and regulations promulgated thereunder. are being met. The oil and gas facility shall be required to meet the requirements of Subchapter B of the chapter (relating to NewSourceReview Permits) insteadofthis subchapter if a PSD or nonattainment permit is required.(xiv) Documentation shall be submitted to demonstrate compliance with applicable New Source Performance Standards (NSPS,40CFR60) and National Emission Standardsfor Hazardous Air Pollution (NESHAP. 40 CFR 61). (xv) New and increased emissions shall not cause or contribute to a violation of any National Ambient Air Quality Standard (NAAQS) or regulation property line standards as specified in Chapters 111, 112, and 113 of this title (relating to Control of Air Pollution From Visible Emissions and Particulate Matter; Control ofAir Pollution From Sulfur Compounds; and Control ofAir Pollution From Toxic Materials). Engineering judgment and/or computerized air dispersion modeling may be used in this demonstration. To show compliance with §116.610(a)(l) of this title (relating to Applicability) for H.,S emissions from process vents. ten mil!igramsper cubic meter shall be used as the '1.." value instead of the value represented by §116.610(a)(l) of this title. (xvi) Fuelfor all combustion units and flare pilots shall be sweet naturalgasor liquidpetroleum gas. fuelgas containingno morethan ten grains of total sulfur per 100 dry standard cubic feet (scdf), or field gas. If field gas contains

+ ADOPTED RULES August 18, 1995 20 Tc:rReg 6329more than 1.5 grains of H,S or 30 grains lola! sulfur compounds per 100 scdf. the operator shall maintainrecords,-including at least quarterly measurements of fuel HlS and total sulfur content. which demonstrate that the annual SO, emissions from thefacility do not exceed the limitations listed in the standardpermitregistration. Ifaflare is the only combustion unit on aproperty, the operator shall not be required to maintain such records on flare pilot gas. (B) Control requirements. (i) Aoaling roofs or equivalent controls shall be required on all new or modified storage tanks. other than pressurized tanks which meet Standard Exemption 83, unless the tank is less than 25.000gallonsin nominal sizeor the vapor pressure of the compound to be stored in the tank is less than 0.5 pounds per square inch absolute (psia) at maximum short-term storage temperature. (I) For internal floating roofs. mechanical shoeprimary seal or liquid-mounted primary seal or a vapormounted primary with a rim-mounted secondary seals shall be used. (ll) Mechanical shoe or liquid-mounted primary seals shall include a rim-mounted secondary seal on all external floating roofs tanks. Vapormountedprimary seals willnotbe accepted. (Ill) All floating roof tanks shall comply with the requirements under §115.112(a)(2)(A)-(F)ofthistitle(relating to Control Requirements). (IV) In lieu ofa floating roof. tank emissions may be routed to: (-a-) a destruction device such that a minimum VOC destruction efficiency of 98% is achieved; or (-b-) a vapor recovery system such that a minimum VOC recovery efficiency of 95% is achieved. (V) lndependentofthe exemptions listedin thisclause. ifthe emissions from any fixed roof tank exceed ten tpy ofVOCorten tpy ofsulfurcompounds, the tank emissions shall be routed to a destruction device, vapor recovery unit. or equivalent method ofcontrol that meetsthe requirements listed in subclause (IV) ofthis clause. (ii) The VOC emissions from a natural gas glycol dehydration unit shall be controlled as follows. (!) If total uncontrolled VOC emissions are equal to or greater than ten tons per year, but less than 50 tons per year. a minimum of 80% by weight minimum control efficiency shall be achieved by either operating a condenser and aseparator (or flash tank), vaporrecovery unit, destruction device. or equivalent control device. (ll) If total uncontrolled VOC emissions are equal- to or greater than SO tpy, a minimum of: (·a·) 98% by weight minimwn destruction efficiency shall be achieved by adestructiondeviceor equivalent; or (-b-) 95% by weight minimum control efficiency shall be achieved by a vapor recovery system or equivalent. (C) Inspection requirements. (i) Owners or operators who are subject to subparagraph (A)(vii) or (viii) of this paragraph shall comply with the following requirements. (I) No component shall be allowed to have a VOC leak for more than 15 days after the leakisdetected to exceed aVOCconcentrationgreater than 10,000partspermillion byvolume (ppmv) above background as methane, propane, or hexane, or the dripping or exuding ofprocess fluid based on sight. smell, or sound for allcomponents.TheVOCfugitiveemission components which contactprocess fluids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.5 psia at 100 degrees Fahrenheit are exemptfrom this requirement. IfVOCfugitive emission components are in service where the operating pressure is at least 0.725 pounds per square inch (psi) (five kilopascals (Kpa)) below ambient pressure. then these components are also exempt from this requirement as long as the equipment is identified in a list that is made available upon request by Texas Natural Resource Conservation Commission (1NRCC) representatives. the EPA. or any other air pollution agency having jurisdiction. Allpiping andvalves two inchesnominal size and smaller. unless subject to FederalNew SourcePerformanceStandards requiring a fugitive VOC emissions leak detection and repair program or Chapter 115 ofthis title (relating to Control ofAir Pollution from Volatile Organic Compounds). are also exempt from this requirement. 

## <m All technically feasible repairs shall be made to repair a

20 TexReg 6330 August 18, 1995 Texas Register • VOC leaking process fugitive component within 15 days after the leak is detected. If the repair of a component would require a unit shutdown, the repair may be delayed ., until thenextscheduled shutdown. Allleak-**~),** ing components which caMot be repaired until a scheduled shutdown shall be identified for such repair by tagging. The 1NR.CC executive director, at his or her discretion. may requireearly unit shutdown or other appropriate action based on the number and severity oftagged leaks awaiting shutdown. (Ill) New and reworked underground process pipelines containingVOCsshallcontainno buriedvalves such that process fugitive emission inspection and repair is rendered impractical. (IV) Tothe extentthat good engineering practice will permit, new andreworkedvalves andpipingconnections in VOC service shall be so located to be reasonably accessiblefor leak-checking during plant operation. Valves elevated more than two meters above a support surface will be considered non-accessible and shall be identified in a list to be made available upon request (V) New and reworked piping connections in VOC service shall be welded or flanged. Screwed con-**~)** nections are permissible only on piping

... , smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement, all new or reworked coMections shall be gas-tested or hydraulically-tested at no less than normal operating pressure and adjustmentsmadeas necessaryto obtain leak-free performance. Ranges in VOC service shall be inspected by visual. audible, and/or olfactory means at least weekly by operating personnel walk-through. (VI) Each open-ended valve or line in VOC service, other than a valve or line used for safetyrelief. shall be equipped withacap,blindflange,plug.ora second valve. Except during sampling, the second valve shall be closed. (VTI) Accessible valves in VOC service shall be monitored by leak-checking for fugitive emissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs, a pressure gauge shall be installed between thereliefvalve andrupture disc to monitor disc integrity. All leaking discs shall bereplaced at the earliest opportunity, • but no laterthan thenextprocessshutdown. Sealless/leakless valves (including, but not limited to, welded bnnnet bellows and dia-1

l 

## l ' phragm valves) and relief valves equipped

with arupture disc or venting to acontrol tt-·ice are exempt from monitoring. (VIII) Dual pump seals with barrier fluid at higher pressure than process pressure, seals degassing to vent control systems kept in good working order, or seals equipped with an automatic seal fallure detection and a1ann system, submerged pumps. or sealless pumps (in· cluding. but not limited to. diaphragm. canned. or magnetic driven pumps) are ex· empt from monitoring. (IX) All other pump andcompressorsealsemitting VOCshallbe monitored with an approved gasanalyurat least quarterly. (X) After completion of the required quarterly inspections for a period ofatleasttwo years. the operatorof theoiland gas facility may request in writing to the lNRCC. Office of Air Quality. NewSourceReviewDivisionthatthemoni· toring schedule be revised based on the percent of valves leaking. The percent of valvesleakingshallbedetenninedby divid· ingthe sumofvalvesleakingduring CUJTent monitoring and valves for which repair has

._,delayed bythe total number ofvalves >ject to the requirements. This request .oall include all data that has been developed tojustify the following modifications in the monitoring schedule. (-a-) After two consecutivequarterly leakdetectinnperiods with the percentofvalvesleaking equal to or less than 2J)fo, an owner or operator

_ may begin to slcip oneofthe quarterly leak detectionperiodsfor thevalvesingas/vapor and light liquid service. (·b·) After five consecutivequarterly leakdetectionperiods with the pereent ofvalves leaking equal to or less than 2.0%. an owner or operator maybegin toslcip three ofthequarterlyleak detectionperiodsfor thevalvesingas/vapor and light liquid service. (ii) Owners or operators who are subject to subparagraph (A)(ix) or (x) ofthis para&raph shall comply with the following requirements. (I) No component shall be allowed to have a VOC leak for more than 15 days afrer the leak is found whichexceeds aVOCconcentration greater than 500 ppmv for all components except pumps and compressors and greater than 2. -'X) ppmv for pumps and compressors JOve back&round as methane, propane, or hexane, or the dripping or exuding of process fluid based on sight, smell. or sound. The VOC fugitive emission components which contact process fluids where the VOCshave an aggregatepartialpressureor vapor pressure of less than 0. 044 psia at I00 degrees Fahrenheit are exempt from this requirement. IfVOC fugitive emission components arein servicewheretheoperat· ingpressureis at least0.725 psi (five Kpa) below ambient presswe. these components are also exempt from this requirement as long asthe equipment is identified in a list that is made avallable upon request by lNRCC representatives, the EPA, or any airpollutioncontrol agency havingjurisdiction. Allpipingandvalvestwo inchesnominal size and smaller are also exempt from this requiremenl (II) All technically feasible repairs shall be made to repair a VOC leaking process fugitive component within 15 days afrer the leakis detected. If the repair of a component would require a unit shutdown. the repair may be delayed untilthe nextscheduledshutdown.Allleaking components which cannot be repaired until a scheduled shutdown shall be identified for such repair by tagging. Theexecutive director. at his or her discretion, may require early unit shutdown orother appro· priate action based on the number and severity of tagged leaks awaiting shutdown. (Ill) New and reworked underground process pipelines containingVOCsshallcontain noburiedvalves such thatprocess fugitive emission inspection and repair is rendered impractical. (IV) Tothe extent that good engineering practice will permit. new andreworkedvalvesandpipingcoMections in VOC service shall be·so located to be reasonably accessiblefor lw-<:heckingduring plant operation. Valves elevated more than two meters above a support surface will beconsidered non-accessible and shall be identified in a list to be made available upon request. (V) New and**~-** worked piping coMections in VOC service shall be welded or flanged. Screwed connections are permissible only on piping smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement. all new or reworked coMections shall be gas-tested or hydraulically-tested at no less than normal operating pressure and adjustmentsmadeasnecessary toobtain leak·free performance. Flanges in VOC service shall be inspected by visual audible. and/or olfactory means at least weekly by operaLing personnel wallc.-through. (VI) Each open-ended valve or line in VOC service, other than a valve or line used for safety relief. shall

### be equippedwithacap.blindflange.plug.or a second valve. Except during sampling. the second valve shall be closed. (VIT) Accessible valves in VOC service shall be monitored by leak-<:hecking for fugitive emissions at least quarterly using an approved gas**ana!:~=.** For valves equipped with rupture discs. a pressure gauge shall be installed between the reliefvalve and rupture disc to monitor disc integrity. All leaking discs shall bereplaced at the earliest opportunity. butnolater than thenextprocess shutdown. Sealless/leakless valves (including, but not limited to, welded boMet bellows and diaphragm valves) and relief valves equipped with arupture disc or venting to acontrol device are exempt from monitoring. (VIIT) Dual pump seals with barrier fluid at higher pressure than process pressure, seals degassing to vent control systems kept in good working order or seals equipped with an automatic seal failure detection and alarm system, submerged pumps. or sealless pumps (including. but not limited to, diaphragm. canned. ormagnetic driven pumps) are ex· empt from monitoring. (IX) All other pump and compressorsealsemittingVOCshallbe monitored with an approved gas analyzer at least quarterly. (X) Nter completion of the required quarterly inspections for a period ofat leasttwo years, the operatorof theoilandgas facility may requestin writing to the lNRCC. Office of Air Quality, New SourceReview Division thatthemonitoring schedule be revised based on the percent of valves leaking. The percent of valvesleakingshallbedetermined by dividingthesumofvalvesleakingduring current monitoring and valves for which repair has been delayed by the total number ofvalves subject to the requirements. This request shall include all data thathave been developed tojustify the following modifications in the monitoring schedule. (-a-) After two consecutive quarterly leak detection periods withthe percent ofvaflves leaking equal to or less than 2.0%, an owner or operator maybegin to slcip oneofthe quarterly leak detectionperiodsfor thevalvesingas/vapor and light liquid service. (·b·) Nter flve consecutivequarterly leak detection periods with the percent ofvalves lealcing equal to or less than 2.0%, an owner or operator

• ADOPTED RULES August 18, 1995 20 Te:rReg 6331maybeginto skip threeofthequanerlyleak detectionperiodsforthevalvesingas/vapor and light liquid service. (XI) A directed maintenance program shall be used and consist oftherepairand maintenanceofVOC fugitive emission components assisted simultaneously by the use of an approved gas analyzersuchthataminimumconcentration ofleaking VOC is obtained for each component being maintained. Replaced components shall be remonitored within 30 days of being placed back into VOC service. (iii) Forowners andoperatorswhoare subjectto theapplicableparts of subparagraph (A)(xi) of this paragraph, auditory andvisual checksfor SO, and H.,S leaks within the operating area shall be made every day. Immediately. but no later than eight hours upon detection of a leak. operatingpersonnel shall takethefollowing actions: (I) isolate the leak; and (ll) commence repair orreplacementoftheleakingcomponent;or (III) use aleakcollection/containment systemtoprevent the leak until repair or replacement can be made if immediate repair is not possible. (D) Approved rest methods. (i) An approved gas analyzer usedfor the VOC fugitive inspection andrepair requirement in subparagraph (C) ofthis paragraph. shall conform to requirements listed in40 CFR 60.485(a) and (b). (ii) Tutweiler analysis or equivalent shall be used to determine the hydrogen sulfide content as required under subparagraphs (A) and (E) of this paragraph. (iii) Proper operation of any condenser used as a VOC emissions controldevice tocomply with subparagraph (A)(v) of this paragraph shall be tested to demonstrate compliance with the minimum control efficiency. Sampling shall occur within 60 days after stan-up of new or modifiedfacilities. Thepermittee shall contact the Engineering Services Section. Air QualityEnforcementDivision45 daysprior to samplingforapprovalofsamplingprotocol. The appropriate regional office in the regionwherethesource islocated shall also be contacted 45 days prior to sampling to provide them the opponunity to view the sampling. Neither the regional office nor the Engineering ServicesSection.Air Quality Enforcement Division personnel are required toview the testing. Samplingrepons which comply with the provisions of the 1NRCC Sampling Procedure Manual. Chapter 14. shall be distributed to the appropriate regional office, any local programs. and the Engineering Services Section. AirQuality Enforcement Division. (E) Monitoring and recordkeeping requirements. (i) If the operator elects to install and maintain ambient H,S property line monitors to comply with subparagraph (A)(xi) ofthisparagraph. the monitors shall be approved by the 1NRCC Engineering Services Section, Air Quality Enforcement Division office in Austin. and shall be capable ofdetecting and alarming at H,S concentrations of ten ppmv. Operations persoMel shall perform an initial onsire inspection of the facility within 24 hours of initial alarm and take corrective actions as listed in subparagraph (C)(iii)(l)- (lll)ofthis paragraphwithin eighthoursof detection of a leak. (ii) The results of the VOCleakdetectionandrepairrequirements shall be made available to the executive director, his or her designated representative. or any air pollution control agency having jurisdiction upon request. Records, for all components. shall include: (I) appropriate dates; (ll) test methods; (III) instrument readings; (IV) repairresults; and (V) corrective actions. Records of flange inspections are not required unless a leak is detected. (iii) Records for repairs and replacements made due to inspections ofH,S and SO, components shall be maintained. (iv) Records shall bekept for each production, processing. and pipeline tank baneryorfor each storage tank if not located at a tank battery. on a monthly basis. as.follows: (I) tanlc battery identificationorstoragetankidentification. ifnot located at a tank banery; (ll) compound stored;

20 TerReg 6332 August 18, 1995 Tems Register • (Ill) monthly throughput in barrels/month; and (IV) cwnulative annual throughput, banels/year. (v) A plan shall be submitted to show how ongoing compliance will be demonstrated for the efficiency requirements listed in subparagraph (B)(i) (IV) of this paragraph. The demonstration may include. butisnotlimited to. monitoringflowrates, temperatures.orotheroperating parameters.(vi) Records shall be kept on atleastamonthly basisofall production facilityflowrates (instandardcubicfeetper day) and total sulfur content of process vents or flares or gas processing streams. Total sulfur shall be calculated in long tons per day. (vii) Records shall be kept of all ambient property line monitor alarms and shall include the date, time, duration. and causeofalarm, date and time of initial on-site inapection. and date and time of corrective actions taken. (viii) AU required records shallbe madeavailable torepresentativesof the 1NRCC, EPA, or local air pollution control agencies upon request and be kept for atleast two years. AU required records shall be kept at the plant site. unless the plant site is unmanned during business hours. For plant sites ordinarily unmanned during business hours. the records shall be maintained at the nearest office in the state having day-to-day operations controlofthe plant site. This agencyhereby cenifies that the rule as adoptedhasbeenreviewedby legalcounsel and lcundtobe avalidexercise olthe agency's authaity. Issued in Austin. Texas. on August 9, 1995. TR0-9510158 L)'dla GonzUz-Gromatzky Acting Olreclor, Legal Services Diviaion Taxa**PU~ural** Reaource Conaervallon Commluion Eftective date: September 1, 1995 Proposal publication dale: March 3. 1995 FIJ" further information, please call: (512) 239-!966 

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