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Chapter 101

On January 16, 2015, Texas Commission on Environmental Quality (TCEQ) issued an interoffice memorandum regarding the removal of Title 30 of the Texas Administrative Code (30 TAC) Chapter 101, General Air Quality Rules, sections 101.201(h) and 101.211(f), which require certain small emitting sources that are not subject to annual reporting requirements of 101.10 in select areas to report annual emissions and the number of events from EE and SMSS activities to TCEQ. The data has been deemed statistically insignificant. The anticipated proposal date for these changes is February 4, 2015. The public comment period will extend from February 20, 2015 to March 23, 2015 and the anticipated adoption of these changes is set for July 2015.

Click HERE for more information on the proposed Chapter 101 updates.

Chapter 115

On November 21, 2014, the TCEQ provided notice of proposed rule changes for Title 30 Texas Administrative Code (30 TAC), Chapter 115, Control of Air Pollution from Volatile Organic Compounds (VOCs). If adopted, the proposed rule changes would implement reasonably available control technology (RACT) for all emission source categories to Wise County. Sources in Wise County that meet the applicability criteria and do not qualify for an exemption would be required to comply with emissions limits and control requirements (which may include installing control equipment or using reformulated products), implement work practice standards and operating requirements, and institute monitoring, recordkeeping and reporting requirements.

The Chapter 115 proposed rule changes would also include technical corrections as well as non-substantive revisions that affect other ozone nonattainment and attainment areas in Texas. Proposed changes include, but are not limited to:

  • Adding control, inspection, and recordkeeping requirements for storage tank openings, including thief hatches and pressure relief valves;
  • Revoking exemptions for pre-1982 floating roof storage tanks;
  • Altering the applicability of control requirements for storage tanks at pipeline breakout stations;
  • Clarify applicability and exemptions to the Vent Gas Control rules regarding oil and gas sources, including dehydrator reboilers and compressor rod packing;
  • Testing updates and alternatives to continuous VOC monitoring in carbon adsorption systems or carbon absorber monitoring;
  • Addition of EPA approved test method for determining vapor pressure of crude oil for Loading and Unloading requirements;
  • Addition of a new subsection to the Surface Coating Processes requirements to establish applicability for each of the surface coating processes regulated;
  • Updates to the miscellaneous metal and plastic parts categories, including the addition of an exemption for ultraviolet curable coatings;
  • Addition of exemption for aerosols under Industrial Cleaning Solvent requirements; and
  • Clarification on the applicability of rules to adhesives.

The proposed Chapter 115 rule changes are projected to be adopted in June 2015. Compliance for DFW sources affected by the new RACT requirements in the Chapter 115 rule changes would be required by January 1, 2017; thereby, giving sites only 18 months to come into compliance. Note that EPA has been challenged regarding whether including Wise County in the DFW 8-hour ozone nonattainment area was lawful. If the inclusion of Wise County is overturned, the rulemaking will be revised appropriately.

Click HERE for more information on the proposed Chapter 115 updates.

Chapter 117

On November 21, 2014, the TCEQ provided notice of proposed rule changes for Title 30 Texas Administrative Code (30 TAC) Chapter 117 Control of Air Pollution from Nitrogen Compounds. The Chapter 117 proposed rule changes would implement NOX RACT requirements for Wise County. Owners or operators of any gas-fired engine, gas-fired turbine, or gas-fired process heater located at major sources in Wise County will have to comply with the same NOX RACT requirements as the other nine counties in the DFW 2008 eight-hour nonattainment area. The Chapter 117 rule changes would also implement RACT for major sources of NOX in the DFW 2008 eight-hour ozone nonattainment area that are not addressed by the current Chapter 117 rules. For owners and operators of boilers and process heaters used on a temporary basis, the proposed rulemaking would provide compliance flexibility to affected units in all areas covered by Chapter 117. The TCEQ is also using the Chapter 117 proposed rulemaking to make other changes that are not required to satisfy NOX RACT requirements, such as revoking an exemption for utility turbines and auxiliary steam boilers installed after November 15, 1992 in the DFW area, clarification of definitions, removal of obsolete sections of Chapter 117 (Subchapter B, Division 2, and Subchapter C, Division 2); and other non-substantive revisions.

The proposed Chapter 117 rule changes are projected to be adopted in June 2015. Compliance for DFW sources affected by the new RACT requirements in the Chapter 117 rule changes would be required by January 1, 2017; thereby, giving sites only 18 months to come into compliance. Note that EPA has been challenged regarding whether including Wise County in the DFW 8-hour ozone nonattainment area was lawful. If the inclusion of Wise County is overturned, the rulemaking will be revised appropriately.

Click HERE for more information on the Chapter 117 updates.