(a) Applicability. This section applies to all stationary
facilities, or groups of facilities, at a site which handle gases
and liquids associated with the production, conditioning, processing,
and pipeline transfer of fluids or gases found in geologic formations
on or beneath the earth's surface including, but not limited to, crude
oil, natural gas, condensate, and produced water with the following
conditions:
(1) The requirements in subsections (a) - (k) of this
section are applicable only for new projects and related facilities
located in the Barnett Shale (Cooke, Dallas, Denton, Ellis, Erath,
Hill, Hood, Jack, Johnson, Montague, Palo Pinto, Parker, Somervell,
Tarrant, and Wise Counties) on or after April 1, 2011. For all other
new projects and related facilities in all other counties of the state,
subsection (l) of this section is applicable.
(2) Only one Oil and Gas Handling and Production Facilities
permit by rule (PBR) for an oil and gas site (OGS) may be claimed
or registered for each combination of dependent facilities and authorizes
all facilities in sweet or sour service. This section may not be used
if operationally dependent facilities are authorized by the Air Quality
Standard Permit for Oil and Gas Sites, or a permit under §116.111
of this title (relating to General Application). Existing authorized
facilities, or groups of facilities, at an OGS under this section
which are not changing certified character or quantity of emissions
must only meet subsections (i) and (k) of this section (protectiveness
review and planned maintenance, startup, and shutdown (MSS) requirements)
and otherwise retain their existing authorization. Except for planned
MSS activities which must meet the requirements of subsection (i)
of this section, any combination of dependent facilities with a permit
under §116.111 of this title cannot also claim this section for
any new facility, or changes to an existing facility, which handles
(or is related to the processing of) crude oil, condensate, natural
gas, or any other petroleum raw material, product, or by-product.
(3) This section does not relieve the owner or operator
from complying with any other applicable provision of the Texas Health
and Safety Code, Texas Water Code, rules of the Texas Commission on
Environmental Quality (TCEQ), or any additional local, state, or federal
laws or regulations. Emissions that exceed the limits in this section
are not authorized and are violations.
(4) Emissions from upsets, emergencies, or malfunctions
are not authorized by this section. This section does not regulate
methane, ethane, or carbon dioxide.
(b) Definitions and Scope.
(1) Facility is a discrete or identifiable structure,
device, item, equipment, or enclosure that constitutes or contains
a stationary source. Stationary sources associated with a mine, quarry,
drilling, or a well test lasting less than 72 hours are not considered
facilities.
(2) Receptor includes any building which is in use
as a single or multi-family residence, school, day-care, hospital,
business, or place of worship at the time this section is registered.
A residence is a structure primarily used as a permanent dwelling.
A business is a structure that is occupied for at least eight hours
a day, five days a week, and does not include businesses who are handling
or processing materials as described in subsection (a) of this section.
This term does not include structures occupied or used solely by the
owner or operator of the OGS facility, or the mineral rights owner
of the property upon which the OGS facility is located. All measurements
of distance to receptors shall be taken from the emission release
point at the OGS facility that is nearest to the point on the building
that is nearest to the OGS facility.
(3) An OGS is defined as all facilities which meet
each of the following:
(A) Located on contiguous or adjacent properties;
(B) Under common control of the same person (or persons
under common control); and
(C) Designated under same two digit standard industrial
classification (SIC) codes.
(4) For purposes of determining applicability of Chapter
122 of this title (relating to Federal Operating Permits Program),
the definitions of §122.10 of this title (relating to General
Definitions), apply.
(5) A project under this section is defined as the
following and must meet all requirements of this section prior to
construction or implementation of changes:
(A) Any new facility or new group of operationally
dependent facilities at an OGS;
(B) Physical changes to existing authorized facilities
or group of facilities at an OGS which increase the potential to emit
over previously certified emission limits; or
(C) Operational changes to existing authorized facilities
or group of facilities at an OGS which increase the potential to emit
over previously certified emission limits.
(6) For purposes of registration under this section,
the following facilities shall be included:
(A) All facilities or groups of facilities at an OGS
which are operationally dependent on each other;
(B) Facilities must be located within a 1/4 mile of
a project emission point, vent, or fugitive component, except for
those components excluded in subparagraph (C) of this paragraph;
(C) If piping or fugitive components are the only connection
between facilities and the distance between facilities exceeds 1/4
mile, then the facilities are considered separate for purposes of
this registration;
(D) The boundaries of the registration become fixed
at the time this section is claimed and registered. No individual
facility may be authorized under more than one registration;
(E) Any facility or group of facilities authorized
under an existing PBR registration which is operationally dependent
on a project must be revised to incorporate the project. Existing
authorized facilities, or group of facilities, at an OGS under this
section which are not changing certified character or quantity of
emissions must only meet subsections (i) and (k) of this section (the
protectiveness review and planned MSS requirements) and otherwise
retain their existing authorization; and
(F) All facilities at an OGS registered under this
section must collectively emit less than or equal to 250 tons per
year (tpy) of nitrogen oxides (NOX ) or
carbon monoxide (CO); 15 tpy of particulate matter with less than
10 microns (PM10 ); 10 tpy of particulate
matter less than 2.5 microns (PM2.5 );
and 25 tpy of volatile organic compounds (VOC), sulfur dioxide (SO2), hydrogen sulfide (H2S),
or any other air contaminant except carbon dioxide, water, nitrogen,
methane, ethane, hydrogen, and oxygen.
(7) For purposes of all previous claims of this section
(or any previous version of this section) where no project is occurring:
(A) existing authorized facilities, or group of facilities,
at an OGS must meet only subsection (i) of this section no later than
January 5, 2012; and
(B) submit a notification in accordance with subsection
(f) of this section no later than January 5, 2015.
(8) For purposes of ensuring protection of public health
and welfare and demonstrating compliance with applicable ambient air
standards and effects screening levels (ESLs), the impacts analysis
as specified in subsection (k) of this section must be completed.
(A) All impacts analysis must be done on a contaminant-by-contaminant
basis for any net project increases. If a claim under this section
is only for planned MSS under subsection (i) of this section, the
analysis shall evaluate planned MSS scenarios only.
(B) Hourly and annual emissions shall be limited based
on the most stringent of subsections (g), (h), or (k) of this section.
(c) Authorized Facilities, Changes, and Activities.
(1) For existing OGS which are authorized by previous
versions of this section.
(A) A project requires registration unless otherwise
specified.
(B) The following projects do not require registration,
but must comply with best management practices (BMP) in subsection
(e) of this section, compliance demonstrations in subsections (i)
and (j) of this section, and must be incorporated into the registration
at the next revision or certification:
(i) Addition of any piping, fugitive components, any
other new facilities, that increase actual emissions less than or
equal to 1.0 tpy VOC, 5.0 tpy NOX , 0.01
tpy benzene, and 0.05 tpy H2S over a
rolling 12-month period;
(ii) Changes to any existing facilities that increase
certified emissions less than or equal to 1.0 tpy VOC, 5.0 tpy NOX , 0.01 tpy benzene, and 0.05 tpy H2S over a rolling 12-month period;
(iii) Total increases over a rolling 60-month period
of time that are less than or equal to 5.0 tpy VOC or NOX , 0.05 tpy benzene, or 0.1 tpy H2S;
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