The owner or operator of any facility which emits volatile
organic compounds (VOC) through a stationary vent in Aransas, Calhoun,
Matagorda, Nueces, San Patricio, Travis, and Victoria Counties or
in the Beaumont-Port Arthur, Bexar County, Dallas-Fort Worth, El Paso,
and Houston-Galveston-Brazoria areas shall maintain the following
information at the facility for at least five years. The owner or
operator shall make the information available upon request to representatives
of the executive director, the United States Environmental Protection
Agency, or any local air pollution control agency having jurisdiction
in the area.
(1) Vapor control systems. For vapor control systems
used to control emissions in Victoria County and in the Beaumont-Port
Arthur, Bexar County, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria
areas, from vents subject to the provisions of §115.121 of this
title (relating to Emission Specifications), records of appropriate
parameters to demonstrate compliance, including:
(A) continuous monitoring and recording of:
(i) the exhaust gas temperature immediately downstream
of a direct-flame incinerator;
(ii) the inlet and outlet gas temperatures of a catalytic
incinerator or chiller;
(iii) the exhaust gas temperature immediately downstream
of a vapor combustor. Alternatively, the owner or operator of a vapor
combustor may consider the unit to be a flare and meet the requirements
specified in 40 Code of Federal Regulations (CFR) §60.18(b) and
Chapter 111 of this title (relating to Control of Air Pollution from
Visible Emissions and Particulate Matter) for flares; and
(iv) for a carbon adsorption system or carbon adsorber,
as defined in §101.1 of this title (relating to Definitions),
the owner or operator shall:
(I) continuously monitor the exhaust gas VOC concentration
of a carbon adsorption system that regenerates the carbon bed directly
to determine breakthrough. For the purpose of this subclause, breakthrough
is defined as a measured VOC concentration exceeding 100 parts per
million by volume above background expressed as methane; and
(II) switch the vent gas flow to fresh carbon at a
regular predetermined time interval for a carbon adsorber or carbon
adsorption system that does not regenerate the carbon directly. The
time interval must be less than the carbon replacement interval determined
by the maximum design flow rate and the VOC concentration in the gas
stream vented to the carbon adsorption system or carbon adsorber.
(B) in the Beaumont-Port Arthur, Bexar County, Dallas-Fort
Worth, and Houston-Galveston-Brazoria areas, the requirements specified
in 40 CFR §60.18(b) and Chapter 111 of this title for flares;
and
(C) for vapor control systems other than those specified
in subparagraphs (A) and (B) of this paragraph, records of appropriate
operating parameters.
(2) Test results. A record of the results of any testing
conducted in accordance with §115.125 of this title (relating
to Testing Requirements).
(3) Records for exempted vents. Records for each vent
exempted from control requirements in accordance with §115.127
of this title (relating to Exemptions) shall be sufficient to demonstrate
compliance with the applicable exemption limit, including the following,
as appropriate:
(A) the pounds of ethylene emitted per 1,000 pounds
of low-density polyethylene produced;
(B) the combined weight of VOC of each vent gas stream
on a daily basis;
(C) the concentration of VOC in each vent gas stream
on a daily basis;
(D) the maximum design flow rate or VOC concentration
of each vent gas stream exempt under §115.127(a)(4)(C) of this
title; and
(E) the total design capacity of process units exempt
under §115.127(a)(4)(B) of this title.
(4) Alternative records for exempted vents. As an alternative
to the requirements of paragraph (3)(B) and (C) of this section, records
for each vent exempted from control requirements in accordance with §115.127
of this title and having a VOC emission rate or concentration less
than the applicable exemption limits at maximum actual operating conditions
shall be sufficient to demonstrate continuous compliance with the
applicable exemption limit. These records shall include complete information
from either test results or appropriate calculations which clearly
documents that the emission characteristics at maximum actual operating
conditions are less than the applicable exemption limit. This documentation
shall include the operating parameter levels that occurred during
any testing, and the maximum levels feasible (either VOC concentration
or mass emission rate) for the process.
(5) Bakeries. For bakeries subject to §115.122(a)(3)(A)
- (B) of this title (relating to Control Requirements), the following
additional requirements apply.
(A) The owner or operator of each bakery in the Houston-Galveston-Brazoria
area with a total weight of VOC emitted from all bakery ovens on the
property, when uncontrolled, equal to or greater than 25 tons per
calendar year, shall submit a control plan no later than March 31,
2001, to the executive director, the appropriate regional office,
and any local air pollution control program with jurisdiction. The
plan shall demonstrate that the overall emission reduction from the
uncontrolled VOC emission rate of the oven(s) will be at least 80%
by December 31, 2001. At a minimum, the control plan shall include
the emission point number (EPN) and the facility identification number
(FIN) of each bakery oven and any associated control device, a plot
plan showing the location, EPN, and FIN of each bakery oven and any
associated control device, and the 2000 VOC emission rates (consistent
with the bakery's 2000 emissions inventory). The projected 2002 VOC
emission rates shall be calculated in a manner consistent with the
2000 emissions inventory.
(B) All representations in control plans become enforceable
conditions. It shall be unlawful for any person to vary from such
representations if the variation will cause a change in the identity
of the specific emission sources being controlled or the method of
control of emissions unless the owner or operator of the bakery submits
a revised control plan to the executive director, the appropriate
regional office, and any local air pollution control program with
jurisdiction within 30 days of the change. All control plans shall
include documentation that the overall emission reduction from the
uncontrolled VOC emission rate of the bakery's oven(s) continues to
be at least the specified percentage reduction. The emission rates
shall be calculated in a manner consistent with the most recent emissions
inventory.
(6) Bakeries (contingency measures). For bakeries subject
to §115.122(a)(3)(C) and (D) of this title, the following additional
requirements apply.
(A) No later than six months after the commission publishes
notification in the Texas Register as
specified in §115.129(d) or (e) of this title (relating to Counties
and Compliance Schedules), the owner or operator of each bakery shall
submit an initial control plan to the executive director, the appropriate
regional office, and any local air pollution control program with
jurisdiction which demonstrates that the overall reduction of VOC
emissions from the bakery's 1990 emissions inventory will be at least
30%. At a minimum, the control plan shall include the EPN and the
FIN of each bakery oven and any associated control device, a plot
plan showing the location, EPN, and FIN of each bakery oven and any
associated control device, and the 1990 VOC emission rates (consistent
with the bakery's 1990 emissions inventory). The projected VOC emission
rates shall be calculated in a manner consistent with the 1990 emissions
inventory.
(B) In order to document continued compliance with §115.122(a)(3)
of this title, the owner or operator of each bakery shall submit an
annual report no later than March 31 of each year to the executive
director, the appropriate regional office, and any local air pollution
control program with jurisdiction which demonstrates that the overall
reduction of VOC emissions from the bakery's 1990 emissions inventory
during the preceding calendar year is at least 30%. At a minimum,
the report shall include the EPN and FIN of each bakery oven and any
associated control device, a plot plan showing the location, EPN,
and FIN of each bakery oven and any associated control device, and
the VOC emission rates. The emission rates for the proceeding calendar
year shall be calculated in a manner consistent with the 1990 emissions
inventory.
(C) All representations in control plans and annual
reports become enforceable conditions. It shall be unlawful for any
person to vary from such representations if the variation will cause
a change in the identity of the specific emission sources being controlled
or the method of control of emissions unless the owner or operator
of the bakery submits a revised control plan to the executive director,
the appropriate regional office, and any local air pollution control
program with jurisdiction within 30 days of the change. All control
plans and reports shall include documentation that the overall reduction
of VOC emissions from the bakery's 1990 emissions inventory continues
to be at least 30%. The emission rates shall be calculated in a manner
consistent with the 1990 emissions inventory.
(7) Additional flare requirements. The owner or operator
of a facility that uses a flare to meet the requirements of §115.122(a)(2)
of this title shall install, calibrate, maintain, and operate according
to the manufacturer's specifications, a heat-sensing device, such
as an ultraviolet beam sensor or thermocouple, at the pilot light
to indicate continuous presence of a flame.
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| Source Note: The provisions of this §115.126 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective July 17, 1991, 16 TexReg 3717; amended to be effective November 1, 1991, 16 TexReg 5838; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective November 16, 1992, 17 TexReg 7782; amended to be effective December 3, 1993, 18 TexReg 8538; amended to be effective May 27, 1994, 19 TexReg 3703; amended to be effective March 7, 1996, 21 TexReg 1548; amended to be effective May 22, 1997, 22 TexReg 4213; amended to beeffective March 21, 1999, 24 TexReg 1777; amended to be effective January 18, 2001, 26 TexReg 493; amended to be effective January 17, 2003, 28 TexReg 113; amended to be effective June 25, 2015, 40 TexReg 3907; amended to be effective May 16, 2024, 49 TexReg 3292 |
