Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 112 - CONTROL OF AIR POLLUTION FROM SULFUR COMPOUNDS › Subchapter F - REQUIREMENTS IN THE HUTCHINSON COUNTY NONATTAINMENT AREA › Division 4 - REQUIREMENTS FOR THE PHILLIPS 66 BORGER REFINERY › Section 112.232 - Control Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) SRU Incinerator
					 (EPN 34I1) emissions may not exceed 44.82 pounds per hour (lb/hr) sulfur
					 dioxide (SO2) during normal operations;
(b) SCOT Unit Incinerator (EPN 43I1)
					 emissions may not exceed 37.00 lb/hr SO2 during normal
					 operations.
(c) During authorized
					 maintenance, startup, and shutdown (MSS) activities, SRU Incinerator (EPN 34I1)
					 and SCOT Unit Incinerator (EPN 43I1) may not operate simultaneously and the
					 combined emissions from these sources may not exceed 94.00 lb/hr
					 SO2.
(d) EPN
					 66FL1, EPN 66FL2, EPN 66FL3, and EPN 66FL12, may only combust pipeline quality
					 natural gas or a refinery gas stream with a maximum sulfur content of 162 parts
					 per million by volume as hydrogen sulfide determined hourly on a three-hour
					 rolling average basis except as provided for in
					 40 CFR
					 §
												60.103a(h).
(e) The combined emissions from EPN 66FL1,
					 EPN 66FL2, EPN 66FL3, and EPN 66FL12 may not exceed 100.14 lb/hr
					 SO2 during normal operations and 850.00 lb/hr
					 SO2 during authorized MSS activities.
(f) The combined emissions from EPNs listed
					 in § 112.230(b)(6) of this title may not exceed 172.09 lb/hr
					 SO2 during normal operations.
(g) The combined emissions from EPNs listed
					 in § 112.230(b)(7) of this title may not exceed 92.45 lb/hr
					 SO2 during authorized MSS activities.
(h) Unit 29 FCCU Stack (EPN 29P1) emissions
					 may not exceed 97.37 lb/hr SO2 on a seven-day rolling
					 average.
(i) EPN 40P1 (Unit 40 FCCU
					 Stack (EPN 40P1) emissions may not exceed 101.37 lb/hr
					 SO2 on a seven-day rolling average.
(j) Unless otherwise specified, compliance
					 with the emission limits in this section must be calculated on a block one-hour
					 average basis.
(k) The owner or
					 operator may request an alternate means of control (AMOC) as follows.
(1) Permitting Requirements. Compliance with
					 this subsection does not relieve any owner or operator of the responsibility to
					 comply with the requirements of §
												116.110
					 or §
												116.151
					 of this title (relating to Applicability and New Major Source or Major
					 Modification in Nonattainment Area Other Than Ozone, respectively) with respect
					 to the new construction or modification of sources that may emit
					 SO2 into the air of this state.
(2) Availability of AMOC.
(A) The owner or operator of any site subject
					 to a control requirement in this subchapter may request approval of an AMOC
					 plan using the procedures established in this subsection. The executive
					 director shall review a submitted AMOC and may approve the AMOC plan if it is
					 demonstrated that the plan meets all applicable criteria and procedures of this
					 subsection. The owner or operator who submits an AMOC plan not satisfying the
					 requirements of this section may apply for a site-specific state implementation
					 plan revision approved by the executive director and the United States
					 Environmental Protection Agency (EPA).
(B) Application for an AMOC plan does not
					 stay enforcement of regulations in this subchapter.
(C) Any violation of an AMOC plan will be
					 subject to enforcement action as a violation of this subchapter.
(3) Criteria for Approval of AMOC
					 Plans. An AMOC plan may be approved if it meets each of the following criteria,
					 as applicable.
(A) Except as provided for in
					 paragraph (8) of this subsection, all sources covered by the AMOC plan must be
					 and remain at the same site.
(B) If
					 the AMOC plan includes an increase in the lb/hr emission limit for a source
					 subject to the control requirements in this subchapter, the AMOC plan must also
					 include an equivalent decrease in the lb/hr emission limit for one or more
					 sources subject to the control of this subchapter.
(C) The AMOC application must include a
					 demonstration that satisfies the following requirements.
(i) The modeled impacts of all sources
					 affected by the AMOC plan demonstrate no net increase in ground-level
					 concentration, which for purposes of this subparagraph means no net increase in
					 modeled off-property concentration of SO2, on a highest,
					 first-high basis, at any receptor,
i,
in excess of the lesser
					 of:
(I) GLC
crit,i
, as defined in the following equation; or
Attached Graphic
(II) an applicable significant
					 impact level for the one-hour National Ambient Air Quality Standard for
					 SO2
(ii) Except where otherwise provided in this
					 section, the demonstration required under this paragraph must be by means of
					 applicable air quality models, databases, and other requirements specified in
					 Appendix W to
					 40 CFR
					 §
															51.1 and what was used in the modeling
					 for the corresponding SIP revision.
(D) The AMOC must be implemented and
					 reductions created after the effective date of this rule.
(E) The AMOC plan must establish control
					 requirements and monitoring, testing, recordkeeping and reporting requirements
					 consistent with and no less stringent than the applicable requirements of this
					 subchapter for all sources in the plan that render the proposed control
					 requirements enforceable.
(4) Procedures for AMOC Plan Submittal.
(A) The owner or operator requesting an AMOC
					 plan shall submit a proposed AMOC plan and demonstration to the executive
					 director; copies of such plan and demonstration must also be submitted to the
					 appropriate regional office, any local air pollution control program with
					 jurisdiction over the site affected by the AMOC plan, and to the EPA regional
					 office.
(B) The proposed AMOC plan
					 must include the following information:
(i)
					 the AMOC applicant name with mailing address, site name with physical address,
					 regulated entity number, and contact person including address and telephone
					 number;
(ii) an identification and
					 a description of the sources involved in the AMOC plan including any applicable
					 air permit numbers, plot plans, detailed flow diagrams, emission point numbers
					 (EPNs), and facility identification numbers (FINs); an identification of the
					 provisions of this subchapter that are applicable to such sources; and an
					 identification of promulgated provisions of this subchapter that will be
					 applicable to such sources; and a description of normal operating conditions
					 for each source causing emissions;
(iii) control requirements, which must be
					 established for each source to make emission limits enforceable, to be
					 applicable to each source affected by the proposed AMOC plan;
(iv) a demonstration that the AMOC plan
					 satisfies each applicable requirement of paragraph (3) of this
					 subsection;
(v) a list containing
					 the name, address, and telephone number of any air pollution control program
					 with jurisdiction over the site affected by the AMOC plan; and
(vi) any other relevant information necessary
					 to evaluate the merits and enforceability of the AMOC plan, as may be requested
					 by the executive director.
(C) All representations with regard to the
					 AMOC plan, as well as any provisions attached to the AMOC plan, become
					 conditions upon which the subsequent AMOC plan is issued. If the AMOC plan is
					 approved by the executive director and the EPA, the owner or operator may not
					 vary from such representation or provision if the change will cause a change in
					 the method of control of emissions, the character of the emissions, or will
					 result in an increase in the discharge of the various emissions. If the AMOC
					 plan is approved by the executive director and the EPA, the owner or operator
					 may not vary from the emission limits, control requirements, monitoring,
					 testing, reporting, or recordkeeping requirements of an approved AMOC
					 plan.
(D) Applications to amend or
					 revise an AMOC plan must be submitted subject to the requirements of this
					 subsection.
(5)
					 Procedures for an AMOC Plan Approval. Upon a preliminary determination to
					 approve or deny the proposed AMOC plan, the executive director shall, in
					 writing, so notify the submitter of the plan, any local air pollution control
					 program with jurisdiction over the site affected by the AMOC plan, and the EPA
					 regional office.
(A) If the executive director
					 makes a preliminary determination to approve the AMOC plan, the notice must
					 include a copy of the AMOC plan as preliminarily approved.
(B) If the executive director makes a
					 determination to deny the AMOC plan, the notice must include a description of
					 the reasons for such determination of denial. This determination constitutes a
					 final action of the executive director appealable to the Commission as provided
					 in subparagraph (G) of this subsection.
(C) Upon receipt of notice from the executive
					 director that the AMOC plan has received preliminary approval, the AMOC
					 applicant, at the applicant's own expense, shall cause notice of the
					 applicant's intent to obtain an AMOC plan and of the opportunity to submit
					 written comments to be published. The notice must be consistent with paragraph
					 (6) of this subsection.
(D) The
					 executive director shall consider and prepare a written response to all
					 significant and timely written comments filed in connection with an AMOC
					 plan.
(E) In response to the
					 written comments, the executive director may modify the provisions of the AMOC
					 plan, deny the AMOC plan, or approve the AMOC plan without changes.
(F) The executive director shall send written
					 notice of the final determination concerning each AMOC plan to the submitter of
					 the plan, the EPA regional office, any local pollution control program with
					 jurisdiction, and to each person who submitted timely written comments. Such
					 notice must include the final AMOC plan provisions, a copy of the response to
					 comments, and an announcement of the opportunity to appeal the executive
					 director's determination to the Commission. The notice required by this
					 subparagraph must be sent by a means evidencing receipt.
(G) Any person entitled to notice under
					 paragraph (6) of this subsection may, within 15 days of the receipt of such
					 notice, file with the executive director an appeal of the final determination
					 on the AMOC plan. Such appeal may be considered at the next regularly scheduled
					 meeting of the Commission for which adequate notice may be made. Based on
					 arguments submitted to the commission during such appeal, the Commission may
					 remand the AMOC determination to the executive director, deny the AMOC plan, or
					 issue the AMOC plan unchanged.
(H)
					 Within 45 days of final approval of the AMOC plan by the executive director or
					 the Commission for an appeal, the EPA may notify the commission of the EPA's
					 disapproval of the executive director's final decision. Such notification must
					 be in writing and must include a statement of the reason(s) for the disapproval
					 and a specific listing of changes to the AMOC plan needed to overcome the
					 disapproval. Any time prior to the expiration of the 45-day period, the EPA may
					 notify the executive director that no disapproval is forthcoming. Upon receipt
					 of a timely EPA disapproval, the executive director shall void or revise the
					 AMOC plan and reissue the notice as required by paragraph (6) of this
					 subsection.
(I) If no appeal of the
					 executive director's decision to approve the AMOC plan is filed pursuant to
					 subparagraph (G) of this paragraph, the AMOC plan becomes effective upon the
					 acceptance of the plan by the EPA as described in subparagraph (K) of this
					 paragraph.
(J) If an appeal of the
					 executive director's decision is filed, the AMOC plan becomes effective upon
					 the latter of the acceptance of the AMOC plan by the Commission or the
					 acceptance of the AMOC plan by the EPA.
(K) EPA acceptance is defined as explicit
					 approval of the AMOC plan by the EPA, notification by the EPA to the executive
					 director that no EPA disapproval is forthcoming, or failure of the EPA to file
					 notice of disapproval within 45 days after the executive director's final
					 decision to approve the AMOC plan.
(6) Public Notice Format.
(A) Public notice must be published in the
					 public notice section of two successive issues of a newspaper of general
					 circulation in or closest to the municipality in which the site affected by the
					 AMOC plan is located.
(B) Public
					 notice must contain the following information:
(i) the AMOC plan application number assigned
					 by the executive director;
(ii) the
					 AMOC applicant's name;
(iii) the
					 type of source and site;
(iv) a
					 description of the location of the site;
(v) a brief description of the AMOC
					 plan;
(vi) the executive director's
					 preliminary determination to approve the plan;
(vii) the locations and availability of
					 copies of the proposed AMOC plan, related documentation, and the executive
					 director's preliminary analysis of the plan (including the Austin and
					 appropriate regional offices, any local pollution control program with
					 jurisdiction over the site affected by the AMOC plan, and the EPA regional
					 office);
(viii) an announcement of
					 the opportunity to submit written comments on the AMOC plan;
(ix) the length of the public comment period,
					 which extends to at least 30 days after the final publication of the
					 notice;
(x) the procedure for
					 submission of written public comments concerning the proposed AMOC plan;
					 and
(xi) the name, address, and
					 phone number of the Agency's regional office to be contacted for further
					 information.
(C) The
					 executive director may not take final action on the AMOC plan until the owner
					 or operator who submitted the AMOC plan has provided proof of adequate notice
					 to the executive director, the EPA, and any local pollution control program
					 with jurisdiction.
(7)
					 Review of Approved AMOC Plans and Termination of AMOC Plans.
(A) For the purposes of this subsection,
					 compliance date means the date by which a source must comply with new or
					 modified sections of this subchapter.
(B) Unless revised to reflect new regulatory
					 requirements, an AMOC plan becomes void on the compliance date specified for a
					 new or modified section of this subchapter affecting a source subject to an
					 AMOC plan.
(C) The holder of an
					 AMOC plan shall comply with the requirements of this subchapter if the AMOC
					 plan becomes void.
(D) Upon final
					 approval of an AMOC plan, the owner or operator of the sources affected by the
					 plan shall keep a copy of the plan on the site affected by the plan and shall
					 make the plan available upon request to representatives of the executive
					 director, the EPA, or any local air pollution control agency having
					 jurisdiction in the area.
(E) Upon
					 request, each holder of an AMOC plan shall submit to the executive director a
					 demonstration that the plan continues to meet all applicable criteria of this
					 subsection.
(F) An AMOC holder is
					 responsible for obtaining a new AMOC plan prior to the compliance date of any
					 new or modified regulation of this subchapter that affects a source subject to
					 an AMOC plan.
(8)
					 Inclusion of Contiguous Properties. Notwithstanding paragraph (3)(A) of this
					 subsection, an AMOC plan may cover multiple sources operated on contiguous
					 properties, provided that separate requests for plan approval are submitted by
					 each owner or operator subject to a control requirement under this
					 subchapter.