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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 106PERMITS BY RULE
SUBCHAPTER XWASTE PROCESSES AND REMEDIATION
RULE §106.533Remediation

      (i) The flare must be equipped with a flare tip designed to provide good mixing with air, flame stability, and meet the most stringent of either §106.492 of this title (relating to Flares); or 40 Code of Federal Regulations (CFR) §60.18, General Control Device Requirements (as published in the October 17, 2000 issue of the Federal Register.

      (ii) The flare must be equipped with a continuously burning pilot or other automatic ignition system that assures gas ignition and provides immediate notification of appropriate personnel when the ignition system ceases to function.

    (B) Operational restrictions. Under no circumstances may liquids be burned in the flare.

    (C) Compliance demonstrations. Visible emissions must not be permitted for more than five minutes in any two-hour period.

  (3) Catalytic oxidizer. The vapors may be burned in a catalytic oxidizer that meets the following requirements.

    (A) Design requirements. The design destruction efficiency of the catalytic oxidizer must be at least 90% for the contaminants at the site.

    (B) Operational restrictions. The appropriate catalyst must be used depending on the type of contaminants in accordance with the manufacturer's guidelines.

    (C) Compliance demonstrations. An evaluation of oxidizer effectiveness must be made initially (within two hours of startup), and at least weekly, using a portable flame ionization detection (FID) or photo-ionization detector (PID) in conjunction with a flow meter to determine the quantity of carbon compounds in the inlet and outlet of the catalytic oxidizer and to demonstrate compliance with the emission rate limits of this section. The FID or PID instrument chosen must be capable of properly detecting the types of contaminants present. Records of oxidizer effectiveness must be maintained.

  (4) Internal combustion engine. The vapors may be burned in an internal combustion engine that meets the following requirements.

    (A) Design requirements. The design destruction efficiency of the internal combustion engine must be at least 99% for the contaminants at the site.

    (B) Operational restrictions. Chlorinated or sulfur compounds must not be burned in these facilities.

    (C) Compliance demonstrations. An evaluation of engine effectiveness must be made initially (within two hours of startup) and at least weekly, using a PID or FID in conjunction with a flow meter to determine the quantity of carbon compounds in the inlet gas stream and the engine exhaust, and to demonstrate compliance with the emission rate limits of this section. The FID or PID instrument chosen must be capable of properly detecting the types of contaminants present. Records of engine effectiveness must be maintained.

  (5) CAS. The vapors may be routed through a CAS consisting of at least two activated carbon canisters that are connected in a series. The system must meet the following additional requirements.

    (A) Design requirements. Prior to the use of a CAS at a site, there must be a demonstration that activated carbon is an appropriate choice for control of the contaminants at the site.

    (B) Operational restrictions. The CAS must be operated to minimize breakthrough and maintain compliance with the emission limits of this section. When the VOC breakthrough is detected in the outlet of the initial canister, the waste gas flow must be switched to the second canister immediately. Within four hours of detection of breakthrough, a fresh canister must be placed as the new final polishing canister. Sufficient fresh activated carbon canisters must be maintained at the site to ensure fresh polishing canisters are installed within four hours of detection of breakthrough.

    (C) Compliance demonstrations.

      (i) The CAS must be sampled initially (within two hours of startup) and periodically to determine breakthrough. Breakthrough is defined as a measured VOC concentration of 100 parts per million by volume (ppmv) in the outlet of the initial canister. The sampling point must be at the outlet of the initial canister, but before the inlet to the second or final polishing canister. Sampling must be performed while venting maximum emissions to the CAS (e.g., during loading of tank trucks, during tank filling, during process venting). The CAS must be monitored on a weekly basis or 20% of the design carbon replacement interval, whichever is less.

      (ii) An FID or PID instrument capable of properly detecting the types of contaminants present must be used for VOC sampling.

      (iii) At dry cleaning remediation sites, additional sampling to determine total organics and speciated chlorinated compounds is required initially (within two hours of startup) and at least monthly.

(h) Fugitive emissions when no control device is used for remediation. In the cases where emission releases are not directly emitted from a control device or stack which can be sampled, compliance must be demonstrated by the use of a PID or FID initially and at least on a weekly basis. The FID or PID instrument chosen must be capable of properly detecting the types of contaminants present. Measurement should occur as close as possible to the remediation activity, but no further away than the nearest property line. The concentration measured must be equal to or less than the specific air contaminant's ESL. If an ESL is exceeded, remediation must cease until corrective action restores the concentration to below ESL values. The conversion from PID and FID devices to ESLs must use the following formula.

Attached Graphic

(i) Other regulatory requirements.

  (1) Voluntary Cleanup Program. A state or local permit is not required for remediation conducted on a site as part of a voluntary cleanup. A voluntary cleanup must be coordinated with ongoing federal and state hazardous waste programs. The persons conducting a voluntary cleanup shall comply with any federal or state standard, requirement, criterion, or limitation that the remediation would otherwise be subject if a permit were required (see Texas Health and Safety Code, §361.611).

  (2) Superfund Cleanup Program. A state or local permit is not required for remediation conducted on a site as part of a Superfund project. A Superfund project must be coordinated with ongoing federal and state hazardous waste programs. The persons conducting a cleanup shall comply with any federal or state standard, requirement, criterion, or limitation that the remediation would otherwise be subject if a permit were required (see Texas Health and Safety Code, §361.196).

  (3) Local restrictions. This section does not exempt these facilities from any local government regulations or other local government requirements, permits, registrations, or other authorizations required by local authorities.

  (4) State regulations. This section does not exempt remediation equipment from any additional state regulations.

  (5) Federal air regulations. Compliance with all applicable federal requirements must be satisfied, including air standards and requirements for hazardous air pollutants under 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories, Subpart GGGGG, National Emission Standards for Hazardous Air Pollutants: Site Remediation, effective October 8, 2003.

(j) Administrative requirements.

  (1) Notification. Before starting remediation (pilot test or treatment), the owner or operator shall notify the commission in writing using the Standard Permit/Permit by Rule Relocation Form. Notifications for multiple sites that are part of the same affected property may be submitted at the same time in accordance with the following requirements.

    (A) The notification is not subject to the requirements of §106.50 of this title (relating to Registration Fees for Permits by Rule) or Chapter 60 of this title (relating to Compliance History).

    (B) Notifications must be sent to the appropriate commission regional office, any local air pollution control program having jurisdiction over the site, and appropriate remediation program. Notifications must include a return receipt of delivery.

    (C) Pilot test notifications must be received by those listed in subparagraph (B) of this paragraph prior to commencement of activities.

    (D) Updated or additional notification must be received by those listed in subparagraph (B) of this paragraph prior to commencement of treatment activities and must contain specific information concerning the basis (measured or calculated) for the expected emissions from the facility. The notification must also explain details as to why the control device can be expected to perform as represented.

Cont'd...

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