<<Prev Rule

Texas Administrative Code

Next Rule>>
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

    (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...

Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page