(i) during the initial fill or refill after the storage
tank has been cleaned;
(ii) when necessary for preventive maintenance, roof
repair, primary seal inspection, or removal and installation of a
secondary seal, if product is not transferred into or out of the storage
tank, emissions are minimized, and the repair is completed within
seven calendar days;
(iii) when necessary for supporting a change in service
to an incompatible liquid;
(iv) when the storage tank has a storage capacity less
than 25,000 gallons;
(v) when the vapors are routed to a control device
from the time the storage tank has been emptied to the extent practical
or the drain pump loses suction until the floating roof is within
10% by volume of being refloated;
(vi) when all VOC emissions from the storage tank,
including emissions from floating roof landings, have been included
in an emissions limit or cap approved under Chapter 116 of this title
prior to March 1, 2013; or
(vii) when all VOC emissions from floating roof landings
at the regulated entity are less than 25 tons per year.
(3) A control device used to comply with this subsection
must meet one of the following conditions at all times when VOC vapors
are routed to the device.
(A) A control device, other than a vapor recovery unit
or a flare, must maintain the following minimum control efficiency:
(i) 90% in the Houston-Galveston-Brazoria area until
the date specified in clause (ii) of this subparagraph;
(ii) 95% in the Houston-Galveston-Brazoria area beginning
July 20, 2018; and
(iii) 95% in the Dallas-Fort Worth area.
(B) A vapor recovery unit must be designed to process
all vapor generated by the maximum liquid throughput of the storage
tank or the aggregate of storage tanks in a tank battery and must
transfer recovered vapors to a pipe or container that is vapor-tight,
as defined in §115.10 of this title.
(C) A flare must be designed and operated in accordance
with 40 Code of Federal Regulations §60.18(b) - (f) (as amended
through December 22, 2008 (73 FR 78209)) and be lit at all times when
VOC vapors are routed to the flare.
(4) For a fixed roof storage tank storing condensate
prior to custody transfer, flashed gases must be routed to a vapor
control system if the condensate throughput of an individual tank
or the aggregate of tanks in a tank battery exceeds:
(A) in the Houston-Galveston-Brazoria area, 1,500 barrels
(63,000 gallons) per year on a rolling 12-month basis;
(B) in the Dallas-Fort Worth area except Wise County:
(i) 3,000 barrels (126,000 gallons) per year on a rolling
12-month basis; or
(ii) 15 months after the date the commission publishes
notice in the Texas Register as specified
in §115.119(b)(1)(C) of this title that the Dallas-Fort Worth
area has been reclassified as a severe nonattainment area for the
1997 Eight-Hour Ozone National Ambient Air Quality Standard, 1,500
barrels (63,000 gallons) per year on a rolling 12-month basis; and
(C) in Wise County:
(i) 6,000 barrels (252,000 gallons) per year on a rolling
12-month basis, until the date specified in clause (ii) of this subparagraph;
and
(ii) 3,000 barrels (126,000 gallons) per year on a
rolling 12-month basis beginning July 20, 2021, as specified in §115.119(f)
of this title.
(5) For a fixed roof storage tank storing crude oil
or condensate prior to custody transfer or at a pipeline breakout
station, flashed gases must be routed to a vapor control system if
the uncontrolled VOC emissions from an individual storage tank, or
from the aggregate of storage tanks in a tank battery, or from the
aggregate of storage tanks at a pipeline breakout station, equal or
exceed:
(A) in the Houston-Galveston-Brazoria area, 25 tons
per year on a rolling 12-month basis;
(B) in the Dallas-Fort Worth area, except Wise County:
(i) 50 tons per year on a rolling 12-month basis; or
(ii) 15 months after the date the commission publishes
notice in the Texas Register as specified
in §115.119(b)(1)(C) of this title that the Dallas-Fort Worth
area has been reclassified as a severe nonattainment area for the
1997 Eight-Hour Ozone National Ambient Air Quality Standard, 25 tons
per year on a rolling 12-month basis; and
(C) in Wise County:
(i) 100 tons per year on a rolling 12-month basis,
until the date specified in clause (ii) of this subparagraph; and
(ii) 50 tons per year on a rolling 12-month basis beginning
July 20, 2021, as specified in §115.119(f) of this title.
(6) Uncontrolled emissions from a fixed roof storage
tank or fixed roof storage tank battery storing crude oil or condensate
prior to custody transfer or at a pipeline breakout station must be
estimated by one of the following methods. However, if emissions determined
using direct measurements or other methods approved by the executive
director under subparagraph (A) or (B) of this paragraph are higher
than emissions estimated using the default factors or charts in subparagraph
(C) or (D) of this paragraph, the higher values must be used.
(A) The owner or operator may make direct measurements
using the measuring instruments and methods specified in §115.117
of this title.
(B) The owner or operator may use other test methods
or computer simulations approved by the executive director.
(C) The owner or operator may use a factor of 33.3
pounds of VOC per barrel (42 gallons) of condensate produced or 1.6
pounds of VOC per barrel (42 gallons) of oil produced.
(D) For crude oil storage only, the owner or operator
may use the chart in Exhibit 2 of the United States Environmental
Protection Agency publication Lessons Learned
from Natural Gas Star Partners: Installing Vapor Recovery Units on
Crude Oil Storage Tanks, October 2003, and assuming that the
hydrocarbon vapors have a molecular weight of 34 pounds per pound
mole and are 48% by weight VOC.
(7) Fixed roof storage tanks in the Dallas-Fort Worth
area and Houston-Galveston-Brazoria area storing crude oil or condensate
prior to custody transfer or at a pipeline breakout station for which
the owner or operator is required by this subsection to control flashed
gases must be maintained in accordance with manufacturer instructions.
All openings in the fixed roof storage tank through which vapors are
not routed to a vapor recovery unit or other vapor control device
must be equipped with a closure device maintained according to the
manufacturer's instructions and operated according to this paragraph.
If manufacturer instructions are unavailable, industry standards consistent
with good engineering practice can be substituted.
(A) Each closure device must be closed at all times
except when normally actuated or required to be open for temporary
access or to relieve excess pressure or vacuum in accordance with
the manufacturer's design and consistent with good air pollution control
practices. Such opening, actuation, or use must be limited to minimize
vapor loss.
(B) Each closure device must be properly sealed to
minimize vapor loss when closed.
(C) Each closure device must either be latched closed
or, if designed to relieve pressure, set to automatically open at
a pressure that will ensure all vapors are routed to the vapor recovery
unit or other vapor control device under normal operating conditions
other than gauging the tank or taking a sample through an open thief
hatch.
(D) No closure device may be allowed to have a VOC
leak for more than 15 calendar days after the leak is found unless
delay of repair is allowed. For the purposes of this subparagraph,
a leak is the exuding of process gasses from a closed device based
on sight, smell, or sound. If parts are unavailable, repair may be
delayed. Parts must be ordered promptly and the repair must be completed
within five days of receipt of required parts. Repair may be delayed
until the next shutdown if the repair of the component would require
a shutdown that would create more emissions than the repair would
eliminate. Repair must be completed by the end of the next shutdown.
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Source Note: The provisions of this §115.112 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective July 17, 1991, 16 TexReg 3713; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective January 27, 1995, 20 TexReg 221; amended to be effective March 7, 1996, 21 TexReg 1548; amended to be effective May 22, 1997, 22 TexReg 4213; amended to be effective June 14, 2007, 32 TexReg 3178; amended to be effective December 29, 2011, 36 TexReg 8862; amended to be effective June 25, 2015, 40 TexReg 3907; amended to beeffective January 5, 2017, 41 TexReg 10649; amended to be effective March 26, 2020, 45 TexReg 2003; amended to be effective July 21, 2021, 46 TexReg 4313 |