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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 106PERMITS BY RULE
SUBCHAPTER OOIL AND GAS
RULE §106.352Oil and Gas Handling and Production Facilities

    (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 H2 S 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.

    (D) For projects which resolve compliance issues and are the result of a commission or United States Environmental Protection Agency order.

  (8) If the ePermits system is not available for more than 24 hours or not otherwise accessible, hard copies of notifications, registrations, or certifications may be submitted by first-class mail.

  (9) If emissions increase at an OGS to a level where it exceeds its current authorization, either through a change in production or addition of facilities, the site may claim and register its facilities under the applicable authorization (Level 1 or Level 2 PBR or Standard Permit) as follows:

    (A) Within 90 days from the initial notification of construction of an oil and gas facility, a registration can update the authorization mechanism by submitting a revision to the PBR or an application for a standard permit; and

    (B) Within 90 days of the change of production or installation of additional equipment, a revision to the PBR or an application for a standard permit has been submitted.

(g) Level 1 Requirements. Total maximum estimated emissions shall meet the most stringent of the following. All emissions estimates must be based on representative worst-case operations and planned MSS activities.

  (1) Emissions of any criteria air contaminant shall not exceed the applicable limits for a major stationary source or major modification for PSD, NNSR and in Federal Clean Air Act, §112(g), §112(j), or the definition of major source in §122.10 of this title.

  (2) Emissions must meet the limitations established in subsection (k) of this section.

  (3) Maximum emissions are limited to less than the following after any operator limitations or controls:

Attached Graphic

(h) Level 2 Requirements. If the requirements of Level 1 cannot be met, then the conditions of this subsection must be followed. Total maximum estimated registered or certified emissions shall meet the most stringent of the following. All emissions estimates must be based on representative worst-case operations and planned MSS activities.

  (1) Total maximum estimated annual emissions of any air contaminant shall not exceed the applicable limits for a major stationary source or major modification for PSD and NNSR as specified in §116.12 of this title.

  (2) Emissions must meet the limitations established in subsection (k) of this section.

  (3) Maximum emissions are limited to less than the following after any operator limitations or controls:

Attached Graphic

(i) Planned Maintenance, Startups and Shutdowns. For any facility, group of facilities or site using this section or previous versions of this section, the following shall apply.

  (1) Prior to January 5, 2012, representations and registration of planned MSS is voluntary, but if represented must meet the applicable limits of this section. After January 5, 2012, all emissions from planned MSS activities and facilities must be considered for compliance with applicable limits of this section. This section may not be used at a site or for facilities authorized under §116.111 of this title if planned MSS has already been authorized under that permit.

  (2) As specified, releases of air contaminants during, or as result of, planned MSS must be quantified and meet the emission limits in this section, as applicable. This analysis must include:

    (A) alternate operational scenarios or redirection of vent streams;

    (B) pigging, purging, and blowdowns;

    (C) temporary facilities if used for degassing or purging of tanks, vessels, or other facilities;

    (D) degassing or purging of tanks, vessels, or other facilities; and

    (E) management of sludge from pits, ponds, sumps, and water conveyances.

  (3) Other planned MSS activities authorized by this section are limited to the following. These planned MSS activities require only recordkeeping of the activity.

    (A) Routine engine component maintenance including filter changes, oxygen sensor replacements, compression checks, overhauls, lubricant changes, spark plug changes, and emission control system maintenance.

    (B) Boiler refractory replacements and cleanings.

    (C) Heater and heat exchanger cleanings.

    (D) Turbine hot section swaps.

Cont'd...

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