Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,178
3077-3422 p. ; 28 cm.View a full description of this periodical.
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contained in 42 United States Code, 7410, that require states
to introduce pollution control measures in order to reach specific
air quality standards in particular areas of the state.
The adopted amendment implements Texas Water Code, 5.103
and 5.105, and Texas Health and Safety Code, 382.002,
382.011, 382.012, 382.017, and 382.202.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on May 25, 2007.
TRD-200702033
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: June 14, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 239-1966
CHAPTER 115. CONTROL OF AIR
POLLUTION FROM VOLATILE ORGANIC
COMPOUNDS
The Texas Commission on Environmental Quality (TCEQ
or commission) adopts new 115.110 and amendments to
115.112 - 115.117, 115.119, 115.541 - 115.547, and 115.549.
New 115.110 and amendments to 115.112, 115.115 -
115.117, 115.119, and 115.541 - 115.547 are adopted with
changes to the proposed text as published in the December
29, 2006, issue of the Texas Register (31 TexReg 10525).
Amendments to 115.113, 115.114, and 115.549 are adopted
without changes and will not be republished.
The amendments will be submitted to the United States Environ-
mental Protection Agency (EPA) as a revision to the state imple-
mentation plan (SIP).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS
FOR THE ADOPTED RULES
On June 15, 2004, the Houston-Galveston-Brazoria (HGB)
ozone nonattainment area was classified as a moderate nonat-
tainment area under the eight-hour national ambient air quality
standard (NAAQS) under the Federal Clean Air Act (FCAA)
Amendments of 1990 (42 United States Code (USC), 7401
et seq.). For the HGB area, defined by Brazoria, Chambers,
Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller
Counties, the TCEQ has developed this eight-hour ozone
SIP revision in accordance with 42 USC, 7410. Hence, this
rulemaking and HGB SIP revision is part of the first step in
addressing the eight-hour ozone standard for the area.
The one-hour ozone NAAQS, which preceded the eight-hour
ozone standard, was revoked June 15, 2005 (69 FR 23951).
However, the one-hour ozone control strategies in the HGB area
will remain in place. This set of strategies will continue to reduce
the amount of ozone precursors and ozone in the HGB airshed.
On September 6, 2006 (71 FR 52656), EPA published approval
of the HGB nonattainment area's one-hour ozone attainment
demonstration and associated rules. The approval was pub-
lished in six parts, covering the rules for the control of highly-re-
active volatile organic compounds (HRVOC), the HRVOC emis-sion cap and trade (HECT) program, the mass emission cap and
trade (MECT) program for nitrogen oxides (NOx), the one-hour
ozone attainment plan, the emissions credit banking and trad-
ing program, and the discrete emission credit banking and trad-
ing program. For a more complete background on the one-hour
ozone SIP revisions please refer to Chapter 1 of the eight-hour
SIP revision that has been submitted for adoption concurrent
with this rule package (Project Number 2006-027-SIP-NR).
The rulemaking subjects owners or operators of volatile organic
compound (VOC) storage tanks, transport vessels, and marine
vessels located in the HGB eight-hour ozone nonattainment
area to more stringent control, monitoring, testing, recordkeep-
ing, and reporting requirements. The revised requirements have
been developed to reduce VOC emissions that have previously
been underreported in emissions inventories (El).
The first Texas Air Quality Study (TexAQS 2000) measured am-
bient VOC concentrations in the Houston Ship Channel to be in
greater proportions to NOx emissions than what would be ex-
pected based on the reported point source emissions invento-
ries. Therefore, when TCEQ and its research partners began
TexAQS II in May 2005, one of the study's primary goals was to
identify VOC emission sources that have been historically unre-
ported or underreported in the El and could potentially be con-
tributing to the discrepancy between measured ambient concen-
trations and reported point source emissions.
TexAQS II remote sensing VOC project results indicate that cer-
tain types of storage tank emissions, including degassing, flash,
and floating roof landing loss emissions, generally have been
unreported in the El. Recent data analysis, a floating roof land-
ing loss emissions survey, and other TCEQ studies indicate that
these unreported emissions could total several thousand tons
per year (tpy); unreported or underreported floating roof land-
ing loss emissions alone in the HGB area totaled approximately
7,250 tons in 2003. The rulemaking will help reduce emissions
from these sources as well as other sources of potentially un-
reported tank emissions, such as slotted guidepoles and other
tank fittings.
SECTION BY SECTION DISCUSSION
Grammatical, style, and other non-substantive corrections are
made throughout the rulemaking to be consistent with Texas
Register requirements, to improve readability, and to conform
to the drafting standards in the Texas Legislative Drafting Man-
ual, August 2006. Such changes include appropriate and con-
sistent use of acronyms, section references, and certain termi-
nology such as "that" and "which" and "shall" and "must." These
changes are not discussed further.
Subchapter B, General Volatile Organic Compound Sources
Division 1, Storage of Volatile Organic Compounds
Adopted 115.110 adds ten definitions used in regulatory text.
Adopted 115.110(3) defines Incompatible liquid as the term is
used in 115.112(d)(2)(H)(ii). The definition is intended to allow
tank landings when necessary for change of service to a mate-
rial that would be contaminated by the previously stored mate-
rial. For example, a change in service to gasoline with a lower
Reid vapor pressure (RVP) that must be performed to comply
with applicable fuel requirements is considered an incompatible
liquid. The definition has been revised in response to comments
to specify that different chemical mixtures and different grades
of liquid material would also be considered incompatible liquids
if the liquid being introduced into the tank would be made unus-32 TexReg 3178 June 8, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/100/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.