(A) meet specifications for minimum heating values
of waste gas, maximum tip velocity, and pilot flame monitoring found
in 40 CFR §60.18;
(B) if necessary to ensure adequate combustion, sufficient
gas shall be added to make the gases combustible;
(C) an infrared monitor is considered equivalent to
a thermocouple for flame monitoring purposes;
(D) an automatic ignition system may be used in lieu
of a continuous pilot;
(E) flares must be lit at all times when gas streams
are present;
(F) fuel for all flares shall be sweet gas or liquid
petroleum gas except where only field gas is available and it is not
sweetened at the site; and
(G) flares shall be designed for and operated with
no visible emissions, except for periods not to exceed at total of
five minutes during any two consecutive hours. Acid gas flares which
must comply with opacity limits and records in accordance with §111.111(a)(4)
of this title (relating to Requirements for Specified Sources), regarding
gas flares, are exempt from this visible emission limitation.
(12) Thermal oxidation and vapor combustion control
devices:
(A) may claim design destruction efficiency from 90%
to 99.9% for VOCs and H2S depending on
the design and the level of monitoring and testing applied;
(B) a device designed for the variability of the waste
gas streams it controls with basic monitoring to indicate oxidation
or combustion is occurring when waste gas is directed to the device
may claim 90% destruction efficiency;
(C) devices with intermediate monitoring, designed
for the variability of the waste gas streams they control, with a
fire box or fire tube designed to maintain a temperature above 1,400
degrees Fahrenheit (F) for 0.5 seconds, residence time; or designed
to meet the parameters of a flare with minimum heating values of waste
gas, maximum tip velocity, and pilot flame monitoring as found in
40 CFR §60.18, but within a full or partial enclosure may claim
a design destruction efficiency of 90% to 98%;
(D) devices with enhanced monitoring and ports and
platforms to allow stack testing may claim a 99% efficiency where
the devices are designed for the variability of the waste gas streams
they control, with a fire box or fire tube designed to maintain a
temperature above 1,400 degrees F for 0.5 seconds, residence time;
(E) devices that can claim 99% destruction efficiency
may claim 99.9% destruction efficiency if stack testing is conducted
and confirms the efficiency and the enhanced monitoring is adjusted
to ensure the continued efficiency. Temperature and residence time
requirements may be modified if stack testing is conducted to confirm
efficiencies.
(f) Notification, Certification, and Registration Requirements.
(1) For all previous claims of this section (or any
previous version of this section) existing authorized facilities,
or group of facilities, identified in subsection (b)(7) of this section
must submit a notification no later than January 5, 2015. Facilities
or groups of facilities which meet subsection (c)(4) of this section
do not have to meet the following notification requirements:
(A) For actively operating facilities which have never
been registered with the commission, submit updated Core Data and
basic identifying information (previously claimed historical versions
of this section and lease name or well numbers as provided to the
Texas Railroad Commission) through ePermits using the "APD OGS Historical
Notification."
(B) For those facilities which have previously registered
with the commission and updates are needed to the commission's Central
Registry (CR), submit a hard copy of a Core Data Form with an attachment
listing identifying information (previously claimed historical versions
of this section and lease name or well numbers as provided to the
Texas Railroad Commission). If no updates to CR are required, no further
action is needed.
(C) No fee is required for this notification.
(2) If no other changes, except for authorizing planned
MSS, occur at an existing site under this section, or any previous
version of this section, the following apply no later than January
5, 2012:
(A) Records demonstrating compliance with subsection
(i) of this section must be kept;
(B) If the existing OGS is certified, an addendum to
the OGS certification may be filed using Form APD-CERT. No fee is
required for this updated certification; and
(C) Planned MSS does not require registration if no
other project is occurring, and shall be incorporated at the next
revision or update to a registration under this section after January
5, 2012.
(3) For facilities authorized under §116.111 of
this title, only records of MSS as specified in this section must
be kept. Planned MSS shall be incorporated into the permit at the
next permit renewal or amendment after January 5, 2012.
(4) Prior to construction or implementation of changes
for any project which meets this section, a notification shall be
submitted through the ePermits system. This notification shall include
the following:
(A) Identifying information (Core Data) and a general
description of the project must be submitted through ePermits (or
if not available, hard-copy) using the "APD OGS New Project Notification."
(B) A fee of $25 for small businesses (as defined in §106.50
of this title (relating to Registration Fees for Permits by Rule)),
or $50 for all others must be submitted through the commission's ePay
system.
(5) For any registration which meets the emission limitations
of Level 1 as required in subsection (g) of this section:
(A) Within 180 days after start of operation or implemented
changes (whichever occurs first), the facilities must be registered
through ePermits form "APD OGS PBR Level 1 and 2 Registration" (or
if not available, submittal of hard-copy).
(B) This registration shall include a detailed summary
of maximum emissions estimates based on:
(i) site-specific or defined representative gas and
liquid analysis;
(ii) equipment design specifications and operations;
(iii) material type and throughput;
(iv) other actual parameters essential for accuracy
for determining emissions; and
(v) documentation demonstrating compliance with all
applicable requirements of this section.
(C) The fee for this registration shall be $25 for
small businesses, as defined in §106.50 of this title, or $175
for all others.
(6) For any registration which meets the emission limitations
of Level 2 as required in subsection (h) of this section:
(A) Within 90 days after start of operation or implemented
changes (whichever occurs first), the facilities must be registered
through ePermits form "APD OGS PBR Level 1 and 2 Registration" (or
if not available, submittal of hard-copy).
(B) This registration shall include a detailed summary
of maximum emissions estimates based on:
(i) site-specific or defined representative gas and
liquid analysis;
(ii) equipment design specifications and operations;
(iii) material type and throughput; and
(iv) other actual parameters essential for accuracy
for determining emissions and compliance with all applicable requirements
of this section.
(C) The fee for this registration shall be $75 for
small businesses (as defined in §106.50 of this title) or $400
for all others.
(7) Certified registrations or certifications are required
in the following circumstances:
(A) For projects at existing major sites, establish
emission increases less than any applicable threshold or contemporaneous
emission increases for major sources or major modifications under
prevention of significant deterioration (PSD), nonattainment new source
review (NNSR) as specified in §116.12 of this title and in Federal
Clean Air Act §112(g), §112(j), or the definition of major
source in §122.10 of this title.
(B) If a project or registration includes control for
reductions, limited hours, throughput, and materials or other operational
limitations which are less than the potential to emit, and if modeling
is used to demonstrate compliance with subsection (k) of this section.
(C) If a project is located at a site subject to NOX cap and trade requirements in Chapter 101,
Subchapter H of this title (relating to Emissions Banking and Trading)
or relies on controls to comply with any state or federal regulation.
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