TECHNICAL
SUPPORT
DOCUMENT
Clean
Air
Act
Approval
of
Revisions
to
Texas
Regulations
to
Control
Volatile
Organic
Compound
Emissions
Carl
Young
Henry
Onsgard
EPA
Region
6,
Dallas,
Texas
January
2006
1
I.
BACKGROUND
The
Clean
Air
Act
requires
the
Environmental
Protection
Agency
(
EPA)
to
establish
national
ambient
air
quality
standards
(
NAAQS)
for
pollutants
that
cause
or
contribute
to
air
pollution
that
is
reasonably
anticipated
to
endanger
public
health
or
welfare.
States
have
developed
a
State
Implementation
Plan
(
SIP)
which
identifies
how
these
standards
will
be
attained
and
maintained.
The
State
must
submit
revisions
to
the
SIP
to
EPA.
EPA
reviews
the
revision
and
approves
it
if
it
conforms
with
the
Clean
Air
Act.
Approval
makes
the
revisions
Federally
enforceable.
If
the
revision
does
not
conform
with
the
Clean
Air
Act,
EPA
disapproves
it.
Disapproval
may
lead
to
further
revisions
by
the
State
or
development
of
a
Federal
Implementation
Plan
by
EPA.

In
1997,
EPA
promulgated
the
8­
hour
0.08
ppm
ozone
standard.
Volatile
organic
compound
(
VOC)
emissions
can
react
with
sunlight
and
nitrogen
oxides
to
form
ground­
level
ozone.
The
control
of
VOC
emissions
can
help
attain
the
NAAQSs
for
ozone.
Texas
regulations
to
control
VOC
emissions
can
be
found
in
the
Texas
Administrative
Code,
title
30,
chapter
115
(
30
TAC
115).
Revisions
to
these
regulations
have
been
adopted
by
Texas
on:
°
August
8,
2001
and
submitted
to
EPA
on
September
7,
2001,
°
April
26,
2002
and
submitted
to
EPA
on
July
18,
2002,
°
December
13,
2002
and
submitted
to
EPA
on
January
28,
2003,
°
October
22,
2003
and
submitted
to
EPA
on
November
7,
2003,
°
March
23,
2005
and
submitted
to
EPA
on
April
15,
2005,
and
°
April
13,
2005
and
submitted
to
EPA
on
May
13,
2005.

While
the
revisions
pertain
to
control
of
VOC
emissions
from
various
sources,
this
review
only
pertains
to
sources
involved
with:
°
VOC
transfer
operations
(
30
TAC
115,
subchapter
C),
and
°
solvent
using
processes
(
30
TAC
115,
subchapter
E).
Texas
regulations
for
these
sources
that
were
revised
are
30
TAC
115,
§
§
10,
211,
214­
217,
219,
222,
223,
229,
240,
242,
243,
245,
248,
249,
420­
423,
426,
427,
429,
432,
433,
435,
436,
439,
440,
442,
445,
and
446.

The
revisions
submitted
to
EPA
in
April
and
May
of
2005
also
extend
VOC
emission
control
requirements
to
motor
vehicle
fuel
dispensing
facilities
and
surface
coating
facilities
located
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties.
These
counties
are
part
of
the
Dallas/
Fort
Worth
(
DFW)
8­
hour
ozone
standard
nonattainment
area.
Facilities
in
the
other
DFW
area
counties,
(
Dallas,
Denton,
Tarrant
and
Collin
Counties),
are
already
subject
to
the
requirements.

II.
STATE
SUBMITTALS
A.
Regulatory
Background
September
7,
2001
Submission
2
In
May
2001
Texas
proposed
amendments
to
the
Texas
State
Implementation
Plan
(
SIP)
pertaining
to
the
regulations
on
VOC
emissions.

Notices
were
published
in
newspapers
in
Austin,
Corpus
Christi,
Fort
Worth,
Houston,
Longview,
and
Victoria.
A
notice
was
published
in
the
June
8,
2001
Texas
Register.
In
July
2001
a
public
hearing
was
offered
in
Austin.

Texas
adopted
the
rules
on
August
8,
2001
and
submitted
it
to
EPA
for
inclusion
into
the
SIP
on
September
7,
2001.
The
revisions
amended
30
TAC
115,
subchapters
B,
D,
E,
and
F.

July
18,
2002
Submission
In
December
2001
Texas
proposed
amendments
to
the
Texas
State
Implementation
Plan
(
SIP)
pertaining
to
the
regulations
on
VOC
emissions.

Notices
were
published
in
newspapers
in
Austin,
Corpus
Christi,
Fort
Worth,
Houston,
Longview,
and
Victoria
.
A
notice
was
published
in
the
January
4,
2002
Texas
Register.
On
January
23,
2002
a
public
hearing
was
held
in
Austin.

Texas
adopted
the
rules
on
April
26,
2002
and
submitted
it
to
EPA
on
July
18,
2002.
The
revisions
amended
30
TAC
115,
Subchapters
A,
B,
D,
E,
F,
and
J.

January
28,
2003
Submission
In
June
2002
Texas
proposed
amendments
to
the
Texas
State
Implementation
Plan
(
SIP)
pertaining
to
the
regulations
on
VOC
emissions.

Notices
were
published
in
newspapers
in
Austin,
Beaumont,
El
Paso,
Fort
Worth
and
Houston.
A
notice
was
published
in
the
June
21,
2002
Texas
Register.
A
notice
correcting
a
computational
error
was
published
in
the
July
12,
2002
Texas
Register.
In
July
and
August
2002
public
hearings
were
held
in
Austin,
Houston
and
Channelview.

TCEQ
adopted
the
rules
on
December
13,
2003
and
submitted
it
to
EPA
on
January
28,
2003.
The
revisions
amended
30
TAC
115,
subchapters
A,
B,
C,
D,
and
E,
and
added
a
new
subchapter
H
to
30
TAC
115.

November
7,
2003
Submission
In
April
2003
Texas
proposed
amendments
to
the
Texas
State
Implementation
Plan
(
SIP)
pertaining
to
the
regulations
on
VOC
emissions.

Notices
were
published
in
newspapers
in
Austin,
El
Paso,
Fort
Worth,
Houston,
and
Longview.
A
notice
was
published
in
the
May
16,
2003
Texas
Register.
In
June
2003
public
hearings
were
3
held
in
Arlington
and
Houston.

Texas
adopted
the
rules
on
October
22,
2003
and
submitted
it
to
EPA
on
November
7,
2003.
The
revisions
amended
30
TAC
115,
Subchapters
A,
C,
D,
and
H.

April
15,
2005
Submission
In
November
2004
Texas
proposed
amendments
to
the
Texas
State
Implementation
Plan
(
SIP)
pertaining
to
the
regulations
on
VOC
emissions.

Notices
were
published
in
newspapers
in
Beaumont,
El
Paso,
Fort
Worth
and
Houston.
A
notice
was
published
in
the
December
3,
2004
Texas
Register.
In
January
2005
a
public
hearing
was
held
in
Austin.

TCEQ
adopted
the
rules
on
March
23,
2005
and
submitted
it
to
EPA
on
April
15,
2005.
The
revisions
amended
30
TAC
115,
subchapter
C
(
§
§
115.222,
115.223,
115.240,
115.243,
115.245,
115.248,
and
115.249).

May
13,
2005
Submission
In
November
2004
Texas
proposed
amendments
to
the
Texas
State
Implementation
Plan
(
SIP)
pertaining
to
the
regulations
on
VOC
emissions.

Notices
were
published
in
newspapers
in
Austin,
Fort
Worth
and
Houston.
A
notice
was
published
in
the
December
3,
2004
Texas
Register.
In
January
2005
public
hearings
were
held
in
Arlington,
Austin
and
Houston.

TCEQ
adopted
the
rules
on
April
13,
2005
and
submitted
it
to
EPA
on
May
13,
2005.
The
revisions
amended
30
TAC
115,
subchapters
A,
C,
and
E
(
§
§
115.10,
115.229,
and
115.429).

B.
Description
of
Submittals
The
revisions
being
reviewed
are
listed
in
Table
1.
Revisions
to
30
TAC
§
§
115.227,
115.239,
115.241,
115.244,
115.247,
115.412,
115.413,
115.415­
115.417,
115.419,
115.512,
115.516,
115.517,
and
115.519
have
been
addressed
(
March
29,
2005
Federal
Register,
70
FR
15769).
Other
revisions
will
be
addressed
separately.
In
addition
to
significant
changes
to
the
Texas
VOC
regulations,
the
revisions
contained
editorial
changes
which
clarify
existing
requirements,
update
references
or
make
the
rule
easier
to
read.
Descriptions
of
the
revisions
excerpted
from
the
Texas
Register
are
included
in
Appendices
1
through
6.
The
Texas
VOC
regulations
can
be
found
on
the
internet
at
http://
info.
sos.
state.
tx.
us/
pls/
pub/
readtac$
ext.
ViewTAC?
tac_
view=
4&
ti=
30&
pt=
1&
ch=
115
.
4
Table
1.
Revisions
to
Texas
Regulations
on
Control
of
Air
Pollution
(
30
TAC
115)
from
VOCs
being
Reviewed
and
Proposed
for
Approval
Subchapter
Adopted
8/
8/
2001
Submitted
9/
7/
2001
Adopted
4/
26/
2002
Submitted
7/
18/
2002
Adopted
12/
13/
2002
Submitted
1/
28/
2003
Adopted
10/
22/
2003
Submitted
11/
7/
2003
Adopted
3/
23/
2005
Submitted
4/
15/
2005
Adopted
4/
13/
2005
Submitted
5/
13/
2005
A:
Definitions
115.10
C:
VOC
Transfer
Operations
115.214
115.211
115.215
115.219
115.216
115.217
115.222
115.223
115.240
115.242
115.243
115.245
115.248
115.249
115.229
E:
Solvent­
Using
Processes
115.423
115.426
115.427
115.432
115.433
115.435
115.436
115.439
115.442
115.420
115.421
115.422
115.440
115.442
115.445
115.446
115.420
115.421
115.427
115.429
115.429
September
7,
2001
Submission
The
revisions
submitted
on
September
7,
2001
contained
editorial
changes
which
clarify
existing
requirements
and
make
the
rule
easier
to
read.
Descriptions
of
the
revisions
excerpted
from
the
Texas
Register
are
included
in
Appendix
1.

July
18,
2002
Submission
The
revisions
submitted
July
18,
2002
corrected
an
inconsistency
between
the
Texas
regulations
and
EPA
National
Emission
Standards
for
aerospace
manufacturing
and
rework
facilities
found
at
40
CFR
63.744
(
§
§
115.420(
b)(
1)
and
115.422(
5)(
E)).
The
federal
regulation
exempts
certain
hydrocarbon­
based
cleaning
solvents
from
"
housekeeping
measures".
This
exemption
was
added
to
the
Texas
regulations,
making
them
consistent
with
the
Federal
regulations.
Housekeeping
5
measures
include
storing
cleaning
solvents
and
materials
moistened
with
cleaning
solvents
in
closed
containers.
In
order
to
be
exempt
the
hydrocarbon­
based
cleaning
solvent
must
have
a
maximum
vapor
pressure
of
seven
millimeters
of
mercury
(
mm
Hg)
at
20
degrees
Celsius
(
68
degrees
Fahrenheit)
and
contain
no
hazardous
air
pollutants.
(
The
higher
the
vapor
pressure
of
a
solvent,
the
more
air
emissions
it
will
have.)
The
requirements
apply
to
aerospace
manufacturing
and
rework
facilities
in
Brazoria,
Chambers,
Collin,
Dallas,
Denton,
El
Paso,
Fort
Bend,
Galveston,
Gregg,
Hardin,
Harris,
Jefferson,
Kaufman,
Liberty,
Montgomery,
Nueces,
Orange,
Tarrant,
Victoria,
and
Waller
Counties.
(
Under
revisions
submitted
on
April
13,
2005,
aerospace
manufacturing
and
rework
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties
are
to
comply
with
the
requirements
no
later
than
June
15,
2007.)

The
revisions
also
provide
an
additional
option
for
certain
offset
lithographic
printers
to
meet
VOC
control
requirements
(
§
115.442(
1)(
F)(
iii)).
Regulated
printers
may
use
cleaning
solutions
with
a
VOC
composite
partial
vapor
pressure
less
than
or
equal
to
ten
millimeters
of
mercury
(
mm
Hg)
at
20
degrees
Celsius.
The
VOC
composite
partial
pressure
is
the
sum
of
the
partial
pressures
of
the
VOC
compounds
in
the
cleaning
solution.
Texas
noted
that
this
revision
would
encourage
the
use
of
low
vapor
pressure
cleaning
solutions
which
have
lower
VOC
emissions
than
conventional
cleaning
solutions.
A
revision
to
monitoring
requirements
for
VOC
control
devices
used
on
heatset
offset
lithographic
printing
presses
allows
for
a
temperature
monitoring
device
accuracy
of
plus
or
minus
1.0%
of
the
temperature
being
monitored,
in
lieu
of
an
accuracy
of
plus
or
minus
0.5
degrees
Fahrenheit,
(
§
115.446(
1)).
VOC
control
requirements
apply
to
offset
lithographic
printers
in
Brazoria,
Chambers,
Collin,
Dallas,
Denton,
El
Paso,
Fort
Bend,
Galveston,
Gregg,
Hardin,
Harris,
Jefferson,
Liberty,
Montgomery,
Nueces,
Orange,
Tarrant,
Victoria,
and
Waller
Counties.

Descriptions
of
the
revisions
submitted
on
July
18,
2002
excerpted
from
the
Texas
Register
are
included
in
Appendix
2.

January
28,
2003
Submission
The
revisions
submitted
January
28,
2003
clarified
definitions
and
deleted
obsolete
language.
Descriptions
of
the
revisions
excerpted
from
the
Texas
Register
are
included
in
Appendix
3.

November
7,
2003
Submission
The
revisions
submitted
November
7,
2003
clarified
existing
requirements.
Descriptions
of
the
revisions
excerpted
from
the
Texas
Register
are
included
in
Appendix
4.

April
15,
2005
Submission
The
revisions
submitted
April
15,
2005
allow
Texas
to
approve
use
of
vapor
recovery
systems
certified
by
an
independent
third
party
(
30
TAC
115
§
§
222,
223,
240,
242,
and
245)
and
expand
the
types
of
Stage
II
vapor
recovery
equipment
deemed
compatible
with
onboard
refueling
vapor
6
recovery
(
ORVR)
systems
(
30
TAC
115.240).
Stage
II
gasoline
vapor
recovery
systems
control
VOC
vapor
releases
during
the
refueling
of
motor
vehicles.
Texas
noted
that
following
promulgation
of
a
Stage
II
rule
revision
in
November
2002
new
vapor
recovery
technologies
were
developed
that
were
limited
by
the
rule.
The
revision
considers
as
ORVR
compatible
any
vapor
recovery
system
certified
by
the
California
Air
Resources
Board
or
an
independent
third
party
evaluator
using
test
methods
approved
by
TCEQ.
In
order
for
a
system
to
be
certified
as
ORVR
compatible
it
must
demonstrate
an
overall
vapor
recovery
efficiency
of
at
least
95%
while
dispensing
fuel
to
vehicles
with
and
without
ORVR.
ORVR
equipment
is
required
on
newer
vehicles.
Compatibility
between
ORVR
and
Stage
II
systems
will
decrease
VOC
emissions
when
vehicles
with
ORVR
are
being
refueled.
Requirements
for
ORVR
compatibility
were
previously
approved
by
EPA
(
March
29,
2005
Federal
Register,
70
FR
15769).

Descriptions
of
the
revisions
excerpted
from
the
Texas
Register
are
included
in
Appendix
5.

May
13,
2005
Submission
The
revisions
submitted
May
13,
2005
add
new
requirements
for
motor
vehicle
fuel
dispensing
facilities
in
Ellis,
Johnson,
Kaufman,
Parker
and
Rockwall
Counties
that
dispense
at
least
10,000
but
less
than
125,000
gallons
of
fuel
per
month.
These
facilities
are
required
to
operate
Stage
I
gasoline
vapor
recovery
systems
no
later
than
June
15,
2007
(
30
TAC
115.229).
Facilities
that
dispense
125,000
gallons
or
more
per
month
are
already
required
to
operate
Stage
I
vapor
recovery
systems.
Stage
I
vapor
recovery
systems
control
VOC
vapor
emissions
as
gasoline
tanktrucks
fill
gasoline
station
storage
tanks
by
returning
the
vapors
to
the
tank­
truck.

The
revisions
also
expand
VOC
emission
control
requirements
to
surface
coating
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties.
Surface
coating
facilities
apply
or
impregnate
material
onto
or
into
a
substrate
for
protective,
decorative,
or
functional
purposes.
Such
materials
include
paints,
varnishes,
sealants,
adhesives,
thinners,
and
inks.
Surface
coating
facilities
in
these
counties
must
comply
with
the
Texas
requirements
to
control
VOC
emissions
no
later
than
June
15,
2007
(
§
115.429(
b)).
The
requirements
relate
to:
°
materials
used
for
surface
coating
that
emit
VOCs
°
practices
and
control
equipment
to
minimize
VOC
emissions
Texas
VOC
regulations
for
surface
coating
processes
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties,
(
30
TAC
115,
Subchapter
E,
Division
2),
apply
to
the
following
operations:
°
Large
appliance
coating
°
Metal
furniture
coating
°
Coil
coating
°
Paper
coating
°
Fabric
coating
°
Vinyl
coating
°
Can
coating
°
Vehicle
coating
7
°
Miscellaneous
metals
parts
and
products
coating
°
Factory
surface
coating
of
flat
wood
paneling
°
Aerospace
coatings
°
Surface
coating
of
mirror
backing
°
Surface
coating
of
wood
parts
and
products
°
Surface
coating
for
wood
furniture
manufacturing
Descriptions
of
the
revisions
excerpted
from
the
Texas
Register
are
included
in
Appendix
6.

D.
Completeness
Review
of
Plan
Revisions
Each
submission
from
Texas
included:
°
letter
of
submission
°
evidence
that
the
State
adopted
the
revision
°
a
copy
of
the
regulation
°
evidence
that
the
State
followed
necessary
requirements
in
making
the
revision
°
evidence
that
Public
Notice
was
given
of
the
proposed
change
°
certification
that
public
hearings
were
held
°
compilation
of
public
comments
and
the
State's
response
°
identification
of
all
regulated
pollutants
°
identification
of
the
locations
of
affected
sources
°
information
on
how
compliance
will
be
determined.

III.
CONCLUSIONS
&
RECOMMENDATIONS
A.
VOC
Transfer
Operations
(
Gasoline
Vapor
Recovery)

The
revisions
expanded
requirements
for
Stage
I
gasoline
vapor
recovery
systems
to
motor
vehicle
fuel
dispensing
facilities
in
Ellis,
Johnson,
Kaufman,
Parker
and
Rockwall
Counties
that
dispense
at
least
10,000
but
less
than
125,000
gallons
of
fuel
per
month.
These
revisions
will
reduce
VOC
emissions
in
the
Dallas­
Fort
Worth
8­
hour
ozone
nonattainment
area.

The
revisions
allow
Texas
to
approve
use
of
vapor
recovery
systems
certified
by
an
independent
third
party
and
expand
the
types
of
Stage
II
vapor
recovery
equipment
deemed
compatible
with
ORVR
systems.
These
revisions
provide
more
options
for
controlling
VOC
emissions
from
refueling
but
are
equivalent
to
controls
approved
by
EPA.

B.
Solvent
Using
Processes
The
revisions
expand
VOC
emission
control
requirements
to
surface
coating
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties.
These
revisions
will
reduce
VOC
emissions
in
the
Dallas­
Fort
Worth
8­
hour
ozone
nonattainment
area.
8
The
revisions
that
exempt
certain
hydrocarbon­
based
cleaning
solvents
from
VOC
control
requirements
will
encourage
use
of
cleaning
solvents
with
low
volatility
(
maximum
vapor
pressure
of
seven
mm
Hg
at
20
degrees
Celsisus).
Use
of
cleaning
solvents
with
lower
volatility
would
lower
VOC
emissions.
The
revisions
also
make
the
SIP
consistent
with
Federal
Regulations.

Similarly,
the
revisions
to
allow
offset
lithographic
printers
to
use
cleaning
solutions
with
low
volatility
will
also
encourage
the
use
of
cleaning
solutions
which
have
lower
VOC
emissions
than
conventional
cleaning
solutions.
Use
of
these
cleaning
solutions
should
achieve
as
much
or
more
VOC
emission
reductions
as
other
allowed
cleaning
solutions.

The
revision
to
temperature
monitoring
device
accuracy
for
offset
lithographic
printing
does
not
affect
VOC
emissions
but
provides
protection
equivalent
to
that
adopted
by
the
State
and
previously
approved
by
EPA.

C.
Recommendations
It
is
recommended
that
the
revisions
submitted
by
Texas
be
approved.
EPA
approval
of
the
revisions
would
not
interfere
with
attainment
of
the
8­
hour
ozone
standard,
rate
of
progres,
or
any
other
applicable
requirement.
The
revisions
strengthen
the
SIP
as
they:
°
reduce
VOC
emissions
in
the
Dallas/
Fort
Worth
area
by
adding
additional
controls,
°
provide
more
options
for
controlling
VOC
emissions
that
are
equivalent
to
controls
approved
by
EPA,
and
°
add
incentives
for
use
of
products
that
have
lower
VOC
emissions.
Appendices
Appendix
1
Excerpt
from
August
24,
2001
Texas
Register
Appendix
2
Excerpt
from
May
10,
2002
Texas
Register
Appendix
3
Excerpt
from
January
3,
2003
Texas
Register
Appendix
4
Excerpt
from
November
7,
2003
Texas
Register
Appendix
5
Excerpt
from
April
8,
2005
Texas
Register
Appendix
6
Excerpt
from
April
29,
2005
Texas
Register
Appendix
1
Excerpt
from
August
24,
2001
Texas
Register
Subchapter
E,
Solvent­
Using
Processes
Division
1,
Degreasing
Processes
The
title
of
this
division
is
changed
from
"
Degreasing
and
Cleanup
Processes"
to
"
Degreasing
Processes"
to
more
accurately
reflect
the
content
of
the
division.

The
adopted
amendment
to
§
115.412,
Control
Requirements,
incorporates
the
control
requirements
for
Gregg,
Nueces,
and
Victoria
Counties
into
the
current
subsection
(
a)
by
deleting
all
of
subsection
(
b),
which
currently
contains
the
control
requirements
for
these
three
counties,
and
specifying
Gregg,
Nueces,
and
Victoria
Counties
in
the
first
subsection,
which
becomes
an
undesignated
subsection.
These
changes
are
adopted
to
remove
identical,
redundant
control
requirements
in
the
current
subsection
(
b)
to
make
the
rule
briefer
and
easier
to
read.
Also
to
improve
readability,
a
catch
line
is
added
to
each
paragraph
that
identifies
the
topics
being
covered.
The
term
"
solvent"
is
inserted
in
§
115.412(
1)
and
the
term
"
degreasing"
replaces
"
cleaning"
in
§
115.412(
2)
so
that
the
terms
used
in
this
chapter
are
consistent
with
the
definitions
in
§
101.1,
Definitions.
The
term
"
Centigrade"
is
replaced
with
"
Celsius"
in
§
115.412(
1)(
A)(
i).
The
adopted
amendments
to
§
115.412(
1)(
E)
and
(
2)(
D)(
i)
clarify
how
the
freeboard
ratio
should
be
determined
for
cold
solvent
cleaning
or
open­
top
vapor
degreasing
units
which
have
an
upper
portion
which
is
narrower
than
the
air/
solvent
or
the
air/
vapor
level
or
if
the
cover
of
a
degreaser
is
hinged
such
that
the
opening
is
narrower
than
the
overall
width
of
a
degreaser.
The
freeboard
primarily
serves
to
reduce
drafts
near
the
air/
solvent
or
air/
vapor
interface.
Having
a
narrower
top
would
help
to
reduce
the
drafts
near
the
air/
solvent
or
air/
vapor
interface,
thereby
reducing
the
amount
of
solvent
being
evaporated.
The
freeboard
ratio
should
be
determined
by
dividing
the
freeboard
height
by
the
smallest
interior
dimension
(
i.
e.,
length,
width,
or
diameter).
The
smallest
interior
dimension
could
be
located
at
any
point,
from
the
top
or
opening
of
the
unit
to
the
air/
solvent
or
air/
vapor
level.
This
change
is
consistent
with
air
rule
interpretation
R5­
412.001.
Section
115.412(
2)(
E)
is
revised
to
correctly
reference
the
proper
subparagraph.
The
acronym
"
OSHA"
is
added
after
the
phrase
"
Occupational
Safety
and
Health
Administration"
in
§
115.412(
2)(
F)(
xii)
and
replaces
the
term
"
Occupational
Safety
and
Health
Administration"
in
§
115.412(
3)(
I)(
i).

The
adopted
amendments
to
§
115.413,
Alternate
Control
Requirements,
incorporate
the
alternate
control
requirements
for
Gregg,
Nueces,
and
Victoria
Counties
into
the
current
subsection
(
a)
by
deleting
all
of
subsection
(
b),
which
currently
contains
the
alternate
control
requirements
for
these
three
counties,
and
specifying
Gregg,
Nueces,
and
Victoria
Counties
in
the
first
subsection,
which
becomes
an
undesignated
subsection.
These
changes
are
adopted
to
remove
identical,
redundant
alternate
control
requirements
in
the
current
subsection
(
b)
to
make
the
rule
briefer
and
easier
to
read.
The
adopted
amendments
also
reformat
current
subsection
(
a)
by
rephrasing
the
first
portion
of
the
text
to
clearly
indicate
the
subject
of
the
paragraphs
to
follow
(
alternate
control
requirements
for
degreasing
processes),
by
moving
the
second
portion
of
the
text
into
a
new
paragraph
(
1),
and
by
renumbering
the
existing
paragraphs
accordingly.
These
changes
improve
readability
and
are
necessary
to
make
the
formatting
of
this
rule
consistent
with
that
used
in
the
corresponding
§
115.423,
Alternate
Control
Requirements.
The
term
"
executive
director"
is
lower­
cased
for
consistency
with
other
divisions.
An
incorrect
reference
to
the
"
section"
(
which
should
have
been
"
undesignated
head")
is
corrected
to
reference
the
"
division."
Also,
cross­
references
throughout
this
section
are
revised
to
reflect
reformatting
and
renumbering
changes
adopted
in
other
sections.

The
adopted
amendments
to
§
115.415,
Testing
Requirements,
rephrase
the
current
subsection
(
a)
to
more
clearly
indicate
the
subject
(
testing
requirements
for
degreasing
processes)
of
the
paragraphs
to
follow.
The
adopted
revisions
also
incorporate
the
testing
requirements
for
Gregg,
Nueces,
and
Victoria
Counties
into
the
current
subsection
(
a)
by
deleting
all
of
subsection
(
b),
which
currently
contains
the
testing
requirements
for
these
three
counties,
and
specifying
Gregg,
Nueces,
and
Victoria
Counties
in
the
first
subsection,
which
becomes
an
undesignated
subsection.
These
changes
are
adopted
to
remove
identical,
redundant
testing
requirements
in
the
current
subsection
(
b)
to
make
the
rule
briefer
and
easier
read.
Crossreferences
throughout
this
section
are
revised
to
reflect
reformatting
and
renumbering
changes
in
other
sections.
The
adopted
amendments
to
§
115.415
also
add
a
new
paragraph
(
3),
which
authorizes
the
use
of
test
methods
other
than
those
specifically
listed
in
§
115.415(
1)
or
(
2),
provided
that
any
new
test
method
is
validated
using
the
procedures
in
40
Code
of
Federal
Regulations
(
CFR)
63,
Appendix
A,
Test
Method
301,
with
the
executive
director
acting
as
the
administrator.
The
adopted
new
language
has
previously
been
added
to
five
other
divisions
within
Chapter
115
with
the
EPA's
approval.
This
revision
is
necessary
because
in
some
specific
and
unique
situations
the
listed
test
methods
may
be
inappropriate.
The
new
paragraph
increases
flexibility
by
allowing
the
use
of
additional
test
methods
which
may
be
more
costeffective
and
more
appropriate
in
certain
unique
situations.

The
adopted
amendments
to
§
115.416,
Recordkeeping
Requirements,
revise
the
sentence
structure
and
replace
the
phrase
"
any
open­
top
vapor
or
conveyorized
degreasing
operation"
with
the
phrase
"
degreasing
process"
in
the
current
subsection
(
a)
for
clarity
and
consistency
with
other
sections
in
this
division.
The
revisions
also
incorporate
the
recordkeeping
requirements
for
Gregg,
Nueces,
and
Victoria
Counties
into
the
current
subsection
(
a)
by
deleting
all
of
subsection
(
b),
which
currently
contains
the
recordkeeping
requirements
for
these
three
counties,
and
specifying
Gregg,
Nueces,
and
Victoria
Counties
in
the
first
subsection,
which
becomes
an
undesignated
subsection.
These
changes
are
adopted
to
remove
identical,
redundant
recordkeeping
requirements
in
the
current
subsection
(
b)
to
make
the
rule
briefer
and
easier
to
read.
The
adopted
revision
also
replaces
the
phrase
"
Texas
Natural
Resource
Conservation
Commission
(
TNRCC)"
with
the
administratively
correct
term
"
executive
director,"
and
the
acronym
"
EPA"
replaces
the
phrase
"
United
States
Environmental
Protection
Agency
(
EPA)."
A
cross­
reference
is
revised
to
reflect
a
reformatting
and
renumbering
change
in
the
referenced
section.
A
new
paragraph
(
3)
adds
a
recordkeeping
requirement
for
degreasing
operations
in
Gregg,
Nueces,
and
Victoria
Counties
which
are
exempt
under
current
§
115.417(
b)(
3),
which
becomes
§
115.417(
5).
The
recordkeeping
requirement
is
needed
to
determine
compliance
with
the
exemption.
The
requirement
simply
states
that
the
operator
must
keep
records
in
sufficient
detail
to
document
compliance
with
the
exemption
cutoff
limit
of
550
pounds
of
VOC
emissions
in
any
consecutive
24­
hour
period
and
is
necessary
to
provide
enforceability
of
the
exemption.
Please
note
that
"
any
consecutive
24­
hour
period"
is
considered
a
rolling
24­
hour
period,
rather
than
midnight
of
one
calendar
day
to
midnight
of
the
next
calendar
day.

The
adopted
amendments
to
§
115.417,
Exemptions,
incorporate
the
exemptions
for
Gregg,
Nueces,
and
Victoria
Counties
into
the
current
subsection
(
a)
by
deleting
all
of
subsection
(
b),
which
currently
contains
the
exemptions
for
these
three
counties,
and
specifying
Gregg,
Nueces,
and
Victoria
Counties
in
the
first
subsection,
which
becomes
an
undesignated
subsection.
The
size
exemption
for
Gregg,
Nueces,
and
Victoria
Counties
that
is
currently
located
in
§
115.417(
b)(
3)
is
still
applicable;
therefore,
the
content
of
this
paragraph
becomes
a
new
paragraph
(
5).
These
changes
are
adopted
to
remove
identical,
redundant
exemptions
in
the
current
subsection
(
b)
to
make
the
rule
briefer
and
easier
to
read.
Cross­
references
throughout
this
section
are
revised
to
reflect
reformatting
and
renumbering
changes
in
other
sections.
The
current
§
115.417(
a)(
2),
which
becomes
§
115.417(
2),
is
restructured
and
reformatted
to
include
two
subparagraphs
so
that
remote
reservoir
cold
solvent
cleaners
can
be
specified
as
exempt
from
the
freeboard
and
water
cover
requirements
of
§
115.412(
1)(
E).
Even
though
remote
reservoirs
are
a
subset
of
cold
solvent
cleaners
(
because
they
use
liquid
solvent
to
remove
soils
from
part
surfaces
while
maintaining
the
solvent
below
its
boiling
point),
the
two
pieces
of
equipment
do
not
operate
in
the
same
way
because
their
designs
are
different.
For
a
remote
reservoir,
the
liquid
solvent
is
pumped
to
a
sink­
like
work
area
that
drains
solvent
back
into
an
enclosed
container
while
parts
are
being
cleaned,
allowing
no
solvent
to
pool
around
the
parts.
For
a
cold
solvent
cleaner,
the
solvent
does
pool
around
the
parts
and
therefore,
a
freeboard
or
water
cover
is
necessary.
The
purpose
of
the
freeboard
is
to
ensure
that
when
parts
are
placed
into
the
solvent
pool,
there
is
enough
empty
air
space
between
the
solvent
level
and
the
top
of
the
tank
to
minimize
solvent
drag
out
when
an
air
stream
passes
over
the
open
reservoir
as
well
as
to
prevent
solvent
overflow
when
parts
are
placed
in
the
pool,
thus
decreasing
air
emissions.
Also,
for
the
cold
solvent
cleaning
system
exemption
in
the
adopted
§
115.417(
2)(
A),
the
"
or
if"
statement
is
changed
to
a
"
provided
that"
statement.
This
is
necessary
so
the
exemption
will
be
consistent
with
the
EPA's
guidelines
concerning
the
control
of
VOC
emissions
from
solvent
metal
cleaning.
The
rule
language
in
the
current
§
115.417(
a)(
2)
inadvertently
allows
a
high
vapor
pressure
solvent
to
be
exempt
from
the
requirements
of
§
115.412(
1)(
E)
as
long
as
the
solvent
was
not
heated
above
120
degrees
Fahrenheit.
This
was
never
the
intent
of
the
EPA's
guidelines
nor
was
it
the
intent
of
the
commission.

The
adopted
amendment
to
§
115.419,
Counties
and
Compliance
Schedules,
adds
clarifying
language
and
replaces
the
term
"
undesignated
head"
with
the
term
"
division."

Subchapter
E,
Division
2,
Surface
Coating
Processes
The
adopted
amendments
to
§
115.423,
Alternate
Control
Requirements,
clarify
the
requirements
for
when
a
vapor
control
system
is
used
to
control
emissions
from
coating
operations.
Specifically,
current
§
115.423(
3)
is
reformatted
into
two
paragraphs
to
add
an
equation
specifying
how
to
determine
the
minimum
overall
control
efficiency
necessary
to
demonstrate
equivalency
with
the
emission
limitations
of
§
115.421
when
a
vapor
control
system
is
used
to
control
emissions
from
coating
operations.
The
owner
or
operator
can
choose
to
use
either
a
daily
weighted
average
or
the
maximum
VOC
content
in
the
equation.
Use
of
the
maximum
VOC
content
(
i.
e.,
the
worst­
case
scenario)
has
the
advantage
of
being
a
one­
time
calculation.
The
phrase
"
of
any
surface
coating
facility"
is
deleted
from
adopted
paragraph
(
3)(
B)
because
it
is
redundant.

The
adopted
amendments
to
§
115.426,
Monitoring
and
Recordkeeping
Requirements,
clarify
that
records
of
non­
exempt
solvent
washings
are
not
required
if
an
owner
or
operator
using
non­
exempt
solvents
for
washing
directs
the
non­
exempt
solvent
into
a
container
that
prevents
evaporation
into
the
atmosphere.
This
change
is
consistent
with
air
rule
interpretation
R5­
412.005.

The
adopted
amendments
to
§
115.427,
Exemptions,
delete
a
portion
of
§
115.427(
a)(
3)(
C)
that
explains
that
coatings
which
are
not
subject
to
a
standard
in
§
115.421(
a)(
1)
­
(
15)
are
not
included
in
the
exemption
calculation
and
move
it
to
§
115.427(
a)(
3)
so
it
is
clear
that
this
statement
applies
to
all
of
the
exemptions
listed
under
this
paragraph.
The
same
clarifying
statement
is
also
added
to
§
115.427(
b)(
1).
The
phrase
"
volatile
organic
compound
(
VOC)"
is
replaced
by
the
acronym
"
VOC."
Appendix
2
Excerpt
from
May
10,
2002
Texas
Register
Subchapter
C,
Volatile
Organic
Compound
Transfer
Operations
Division
1,
Loading
and
Unloading
of
Volatile
Organic
Compounds
The
adopted
amendments
to
§
115.214,
Inspection
Requirements,
add
the
phrase
"
to
or
from
transport
vessels"
to
the
catchlines
in
subsections
(
a)(
1)
and
(
b)(
1)
to
more
accurately
describe
the
requirements
of
these
paragraphs.
The
amendments
to
§
115.214
also
correct
a
typographical
error
in
§
115.214(
b)(
1)(
D)(
ii)
by
changing
a
reference
from
§
115.213(
b)
to
§
115.213(
c).

Subchapter
D,
Petroleum
Refining,
Natural
Gas
Processing,
and
Petrochemical
Processes
Division
1,
Process
Unit
Turnaround
and
Vacuum­
Producing
Systems
in
Petroleum
Refineries
The
adopted
amendments
to
§
115.311,
Emission
Specifications,
correct
a
typographical
error
in
§
115.311(
a)(
1)
and
(
2)
by
changing
references
from
§
115.312(
a)
to
§
115.312(
a)(
2).

The
adopted
amendments
to
§
115.312,
Control
Requirements,
change
"
Centigrade"
to
"
Celsius"
in
§
115.312(
a)(
2)(
A)
and
(
b)(
2)(
A),
and
change
"
vapor
recovery
system"
to
"
vapor
control
system"
in
§
115.312(
a)(
2)(
C)
and
(
b)(
2)(
C).
In
addition,
the
amendments
to
§
115.312
replace
the
phrase
"
volatile
organic
compound
(
VOC)"
with
the
acronym
"
VOC"
because
this
acronym
was
previously
established
within
the
section.

The
adopted
amendments
to
§
115.313,
Alternate
Control
Requirements,
incorporate
Gregg,
Nueces,
and
Victoria
Counties
into
subsection
(
a),
now
implied,
and
delete
all
of
subsection
(
b),
which
currently
contains
the
alternate
control
requirements
for
these
three
counties.
The
amendments
to
§
115.313
also
revise
the
term
"
undesignated
head"
to
"
division."

The
adopted
amendments
to
§
115.316,
Monitoring
and
Recordkeeping
Requirements,
delete
the
existing
§
115.316(
a)(
1)(
D)
and
(
b)(
1)(
D),
which
concern
records
associated
with
control
device
maintenance
activities,
because
maintenance
activities
are
already
addressed
in
§
101.7.
The
amendments
to
§
115.316
also
update
references
from
the
"
Texas
Air
Control
Board"
and
"
TACB"
(
one
of
the
commission's
predecessor
agencies)
to
"
executive
director"
for
consistency
with
the
commission's
style
guidelines
and
abbreviate
"
EPA"
because
this
term
is
defined
in
§
3.2,
Definitions.

The
adopted
amendment
to
§
115.319,
Counties
and
Compliance
Schedules,
revises
the
term
"
undesignated
head"
to
"
division."

Subchapter
D,
Petroleum
Refining,
Natural
Gas
Processing,
and
Petrochemical
Processes
Division
2,
Fugitive
Emission
Control
in
Petroleum
Refineries
in
Gregg,
Nueces,
and
Victoria
Counties
The
adopted
amendments
to
§
115.322,
Control
Requirements,
revise
the
phrase
"
safety
pressure
relief
valves"
in
§
115.322(
4)
to
"
pressure
relief
valves"
for
consistency
with
other
sections
in
Chapter
115.
The
amendments
to
§
115.322
also
revise
§
115.322(
5),
which
requires
that
pipeline
valves
and
pressure
relief
valves
in
gaseous
VOC
service
be
marked
in
some
manner
that
will
be
readily
obvious
to
monitoring
personnel,
by
adding
an
option
that
the
owner
or
operator
may
choose
to
monitor
all
components
in
liquid
service
on
the
schedule
for
components
in
gaseous
service
specified
in
§
115.324(
2),
Inspection
Requirements.
This
option
will
result
in
more
frequent
monitoring
of
components
in
liquid
service,
but
will
add
flexibility
for
owners
or
operators
to
be
able
to
choose
which
option
will
be
most
efficient
and
effective
for
their
refinery.

The
adopted
amendments
to
§
115.325,
Testing
Requirements,
change
"
Centigrade"
to
"
Celsius"
and
spell
out
"
American
Petroleum
Institute."

The
adopted
amendments
to
§
115.326,
Recordkeeping
Requirements,
spell
out
and
acronym
"
parts
per
million
by
volume
(
ppmv)"
and
revise
the
recordkeeping
requirements
for
consistency
with
the
fugitive
emissions
monitoring
program
required
by
§
115.324.
Specifically,
the
amendments
add
requirements
for
keeping
records
of
the
date
the
component
was
monitored,
the
results
of
the
monitoring
(
in
ppmv),
the
test
method
used
(
Test
Method
21,
or
sight/
sound/
smell),
and
the
date
on
which
a
first
attempt
at
repair
was
made
to
a
leaking
component.
In
the
proposed
language,
the
existing
§
115.326(
2)(
H)
was
to
remain
but
be
renumbered
to
become
§
115.326(
2)(
G)(
v).
However,
in
the
January
4,
2002
issue
of
the
Texas
Register
(
27
TexReg
65),
the
existing
language,
"
those
leaks
that
cannot
be
repaired
until
turnaround,"
was
incorrectly
struck
through
as
being
deleted.
A
correction
was
published
in
the
March
29,
2002
issue
of
the
Texas
Register
(
27
TexReg
2589).
For
clarity,
this
section
is
adopted
with
changes
to
indicate
that
the
existing
language
is
to
remain
as
new
§
115.326(
2)(
G)(
v).

The
adopted
amendments
to
§
115.327,
Exemptions,
revise
the
term
"
these
sections"
(
which
should
have
been
"
this
undesignated
head")
to
"
division"
and
spell
out
and
acronym
"
pounds
per
square
inch
absolute
(
psia)"
and
"
centimeters
(
cm)."
The
amendments
to
§
115.327
also
correct
the
formatting
of
the
numerical
number
"
5"
to
the
word
"
five."

Subchapter
D,
Petroleum
Refining,
Natural
Gas
Processing,
and
Petrochemical
Processes
Division
3,
Fugitive
Emission
Control
in
Petroleum
Refining,
Natural
Gas/
Gasoline
Processing,
and
Petrochemical
Processes
in
Ozone
Nonattainment
Areas
The
adopted
amendment
to
§
115.352,
Control
Requirements,
revises
the
phrase
"
safety
pressure
relief
valves"
in
§
115.322(
4)
to
"
pressure
relief
valves"
for
consistency
with
other
sections
in
Chapter
115.

The
adopted
amendment
to
§
115.353,
Alternate
Control
Requirements,
revises
the
term
"
undesignated
head"
to
"
division."

The
adopted
amendments
to
§
115.355,
Testing
Requirements,
revise
the
term
"
undesignated
head"
to
"
division,"
correct
the
title
of
the
division,
and
spell
out
and
acronym
"
American
Petroleum
Institute
(
API)."
The
commission
proposed
to
include
a
reference
in
§
115.355(
1)
to
calibration
at
500
ppmv
for
Test
Method
21
but
has
determined
to
retain
the
current
requirement
for
calibration
at
10,000
ppmv
because
a
leak
is
defined
as
10,000
ppmv
for
certain
components.

The
adopted
amendments
to
§
115.356,
Recordkeeping
Requirements,
revise
the
recordkeeping
requirements
for
consistency
with
the
fugitive
emissions
monitoring
program
required
by
§
115.354
by
adding
a
requirement
for
keeping
records
of
the
date
on
which
a
first
attempt
at
repair
was
made
to
a
leaking
component.
The
amendments
to
§
115.356
also
abbreviate
"
EPA"
because
this
term
is
defined
in
§
3.2.

The
adopted
amendments
to
§
115.357,
Exemptions,
revise
the
term
"
undesignated
head"
to
"
division"
in
§
115.357(
2)
and
(
6)
­
(
8)
and
add
the
title
of
the
division
to
§
115.357(
2).
In
addition,
the
amendments
to
§
115.357
spell
out
and
acronym
"
volatile
organic
compound
(
VOC)"
and
"
parts
per
million
by
volume
(
ppmv)"
and
acronym
the
term
"
pounds
per
square
inch
absolute"
as
"
psia."

The
adopted
amendments
to
§
115.359,
Counties
and
Compliance
Schedules,
add
a
reference
to
the
division
in
place
of
a
reference
to
the
sections
in
the
division
for
brevity
and
clarity,
and
replace
language
which
is
obsolete
due
to
the
passing
of
a
November
15,
1996
compliance
date
with
new
language
stating
that
all
affected
persons
in
Brazoria,
Chambers,
Collin,
Dallas,
Denton,
El
Paso,
Fort
Bend,
Galveston,
Hardin,
Harris,
Jefferson,
Liberty,
Montgomery,
Orange,
Tarrant,
and
Waller
Counties
shall
continue
to
comply
with
this
division
(
relating
to
Fugitive
Emission
Control
in
Petroleum
Refining,
Natural
Gas/
Gasoline
Processing,
and
Petrochemical
Processes
in
Ozone
Nonattainment
Areas)
as
required
by
§
115.930
(
relating
to
Compliance
Dates).

Subchapter
E,
Solvent­
Using
Processes
Division
2,
Surface
Coating
Processes
The
adopted
amendments
to
Subchapter
E
include
revising
the
subchapter
title
from
"
Solvent­
Using
Process"
to
"
Solvent­
Using
Processes"
in
order
to
more
accurately
describe
the
contents
of
this
subchapter.

The
adopted
amendments
to
§
115.420,
Surface
Coating
Definitions,
add
a
definition
of
hydrocarbon­
based
cleaning
solvent
to
§
115.420(
b)(
1)
which
is
consistent
with
the
requirements
for
hydrocarbon­
based
cleaning
solvents
specified
in
Table
1
­
Composition
Requirements
for
Approved
Cleaning
Solvents
of
40
Code
of
Federal
Regulations
(
CFR)
§
63.744,
Standards:
Cleaning
operations.
The
EPA's
Control
of
Volatile
Organic
Compound
Emissions
from
Coating
Operations
at
Aerospace
Manufacturing
and
Rework
Operations
(
aerospace
Control
Techniques
Guideline
(
CTG))
was
the
basis
for
the
adoption
of
the
aerospace
coating
requirements
which
were
added
to
the
Surface
Coating
Processes
Division
effective
July
20,
2000,
as
published
in
the
July
14,
2000
issue
of
the
Texas
Register
(
25
TexReg
6752).
The
July
2000
adopted
rule
language
was
based
on
rule
language
provided
in
the
Aerospace
Manufacturing
and
Rework
Operations
Model
Rule,
found
in
Appendix
B
of
the
aerospace
CTG.
In
the
aerospace
CTG's
model
rule,
however,
hydrocarbon­
based
cleaning
solvents
specified
in
Table
1
of
40
CFR
§
63.744
were
inadvertently
not
exempted
from
the
housekeeping
measures,
thereby
creating
an
inconsistency
between
the
Chapter
115
aerospace
rules
and
40
CFR
§
63.744.

The
adopted
amendments
to
§
115.420(
b)(
1)
also
renumber
subsequent
definitions
to
accommodate
the
new
definition
of
"
hydrocarbon­
based
cleaning
solvent,"
correct
the
abbreviation
for
"
basecoat/
clearcoat"
in
§
115.420(
b)(
12)(
B)(
i),
and
correct
the
variable
"
i"
to
"
e"
in
the
first
summation
sign
in
the
denominator
of
the
definition
of
"
VOC
composite
vapor
pressure"
in
the
renumbered
§
115.420(
b)(
1)(
EEEE).

The
adopted
amendments
to
§
115.421,
Emission
Specifications,
revise
§
115.421(
a)(
11)
to
clarify
that
the
exemption
for
separate
coating
formulations
in
volumes
less
than
50
gallons
per
year
to
a
maximum
of
200
gallons
per
year
for
all
such
formulations
applies
to
the
total
usage
of
these
coatings
at
the
account.
The
amendments
also
clarify
that
the
term
"
formulations"
refers
to
coating
formulations
and
clarify
that
the
term
"
antique
aerospace"
refers
to
antique
aerospace
vehicles.

The
adopted
amendment
to
§
115.422,
Control
Requirements,
adds
"
hydrocarbon­
based
cleaning
solvents"
to
the
list
of
cleaning
solvents
that
are
exempt
from
the
housekeeping
measures
for
the
reasons
explained
in
the
discussion
of
§
115.420.

Subchapter
E,
Solvent­
Using
Processes
Division
4,
Offset
Lithographic
Printing
The
adopted
amendment
to
§
115.440,
Offset
Printing
Definitions,
adds
a
new
§
115.440(
10)
to
define
"
VOC
composite
partial
pressure,"
which
is
necessary
due
to
the
adopted
new
§
115.442(
1)(
F)(
iii).

The
amendments
to
§
115.442,
Control
Requirements,
add
a
new
§
115.442(
1)(
F)(
iii)
to
give
an
additional
option
for
meeting
VOC
reduction
requirements
by
using
cleaning
solutions
with
a
VOC
composite
partial
vapor
pressure
less
than
or
equal
to
ten
millimeters
of
mercury
(
mm
Hg)
at
20
degrees
Celsius
(
68
degrees
Fahrenheit).
This
revision
is
needed
to
provide
additional
flexibility
in
this
rule
to
encourage
the
use
of
low
vapor
pressure
cleaning
solutions
which
have
lower
VOC
emissions
than
conventional
cleaning
solutions.
The
amendments
also
spell
out
and
acronym
"
parts
per
million
by
volume
(
ppmv)"
in
§
115.442(
2).

The
adopted
amendments
to
§
115.445,
Approved
Test
Methods,
abbreviate
"
EPA"
in
§
115.445(
5)
because
this
term
is
defined
in
§
3.2,
and
add
a
needed
section
symbol
for
a
federal
regulation
citation
along
with
the
effective
date
of
October
18,
1983
for
the
federal
regulations.

The
adopted
amendments
to
§
115.446,
Monitoring
and
Recordkeeping
Requirements,
revise
the
temperature
monitoring
device
accuracy
requirement
in
§
115.446(
1)
to
include
an
option
that
the
accuracy
be
±
1.0%
of
the
temperature
being
monitored.
In
response
to
comment,
§
115.446(
3)
was
revised
to
clarify
that
the
requirement
that
the
dryer
be
maintained
at
negative
pressure
applies
only
when
the
press
is
operating.
The
amendments
to
§
115.446
also
revise
§
115.446(
5)
to
add
an
option
for
the
monitoring
and
recording
of
temperature
readings
with
respect
to
fountain
solutions.
These
revisions
are
needed
to
provide
additional
flexibility
in
the
rule
for
consistency
with
the
offset
printing
CTG
and
other
federal
guidance.
In
addition,
the
amendments
to
§
115.446
change
a
reference
from
"
§
115.442(
1)(
A)
­
(
D)"
to
"
§
115.442(
1)(
A),
(
C),
or
(
D)
"
because
§
115.442(
1)(
B)
does
not
include
fountain
solution
refrigeration
as
an
option.
Also
in
response
to
comment,
a
reference
in
§
115.446(
6)
was
corrected
from
"
continuous
cleaning
equipment"
to
"
automatic
cleaning
equipment"
for
consistency
with
the
terminology
used
in
the
offset
printing
industry.
Appendix
3
Excerpt
from
January
3,
2003
Texas
Register
Subchapter
C,
Volatile
Organic
Compound
Transfer
Operations
Division
1,
Loading
and
Unloading
of
Volatile
Organic
Compounds
The
amendment
to
§
115.211,
concerning
Emission
Specifications,
revises
§
115.211(
2)
by
deleting
language
which
is
obsolete
due
to
the
passing
of
an
April
30,
2000
compliance
date.

The
amendments
to
§
115.215,
concerning
Approved
Test
Methods,
revise
§
115.215(
6)
by
adding
the
date
of
the
gasoline
terminal
test
procedures
of
40
CFR
§
60.503
(
b)
­
(
d)
and
revise
§
115.215(
7)
by
updating
the
reference
to
the
marine
vessel
vapor­
tightness
test
of
40
CFR
§
61.304(
f).

The
amendments
to
§
115.219,
concerning
Counties
and
Compliance
Schedules,
delete
the
current
§
115.219(
d)
­
(
h)
because
these
subsections
are
obsolete
due
to
the
passing
of
an
April
30,
2000
compliance
date.
The
amendments
to
§
115.219
also
revise
§
115.219(
b)
and
(
c)
by
deleting
language
which
is
obsolete
due
to
the
passing
of
an
April
30,
2000
compliance
date,
and
adding
language
which
specifies
that
owners
and
operators
of
gasoline
terminals
and
gasoline
bulk
plants
in
the
95
attainment
counties
of
east
and
central
Texas
must
continue
to
comply
with
this
division
as
required
by
§
115.930,
concerning
Compliance
Dates.
Finally,
the
amendments
to
§
115.219
reletter
the
current
§
115.219(
i)
as
§
115.219(
d).

Subchapter
C,
Volatile
Organic
Compound
Transfer
Operations
Division
2,
Filling
of
Gasoline
Storage
Vessels
(
Stage
I)
for
Motor
Vehicle
Fuel
Dispensing
Facilities
The
amendments
to
§
115.229,
concerning
Counties
and
Compliance
Schedules,
revise
§
115.229(
a)
and
(
b)
by
deleting
language
which
is
obsolete
due
to
the
passing
of
a
January
31,
1994
compliance
date
and
replacing
it
with
language
specifying
that
owners
and
operators
of
motor
vehicle
fuel
dispensing
facilities
in
the
16
ozone
nonattainment
counties
and
95
attainment
counties
of
east
and
central
Texas
must
continue
to
comply
with
this
division
as
required
by
§
115.930.
The
amendments
to
§
115.229
also
delete
the
current
§
115.229(
c)
and
(
d)
because
these
subsections
are
obsolete
due
to
the
passing
of
November
15,
1994
and
April
30,
2000
compliance
dates.

Subchapter
C,
Volatile
Organic
Compound
Transfer
Operations
Division
3,
Control
of
Volatile
Organic
Compound
Leaks
from
Transport
Vessels
The
amendments
to
§
115.239,
concerning
Counties
and
Compliance
Schedules,
replace
references
to
the
sections
in
this
division
with
references
to
the
division
itself.
In
addition,
the
amendments
to
§
115.239
revise
§
115.239(
b)
by
deleting
language
which
is
obsolete
due
to
the
passing
of
an
April
30,
2000
compliance
date
and
replacing
it
with
language
specifying
that
the
owner
or
operator
of
each
gasoline
tanktruck
tank
in
the
95
attainment
counties
of
east
and
central
Texas
must
continue
to
comply
with
this
division
as
required
by
§
115.930.

Subchapter
D,
Petroleum
Refining,
Natural
Gas
Processing,
and
Petrochemical
Processes
Division
1,
Process
Unit
Turnaround
and
Vacuum­
Producing
Systems
in
Petroleum
Refineries
The
amendments
to
§
115.312,
concerning
Control
Requirements,
add
a
new
§
115.312(
a)(
3)
which
specifies
that
at
petroleum
refineries
in
HGA,
vent
gas
streams
from
steam
ejectors,
vacuum­
producing
systems,
and
hotwells
with
contact
condensers
which
include
an
HRVOC
are
subject
to
the
requirements
of
the
new
Subchapter
H
in
addition
to
the
applicable
requirements
of
Division
1
of
Subchapter
D.
The
amendments
to
§
115.312
further
specify
that
at
petroleum
refineries
in
HGA,
any
process
unit
shutdown
or
turnaround
of
a
unit
in
which
an
HRVOC
is
a
raw
material,
intermediate,
final
product,
or
in
a
waste
stream,
is
likewise
subject
to
the
requirements
of
the
new
Subchapter
H
in
addition
to
the
applicable
requirements
of
Division
1.
The
new
paragraph
is
necessary
to
make
it
clear
that
the
requirements
of
the
new
Subchapter
H
apply
in
addition
to,
rather
than
in
place
of,
the
requirements
of
Division
1.
Subchapter
D,
Petroleum
Refining,
Natural
Gas
Processing,
and
Petrochemical
Processes
Division
2,
Fugitive
Emission
Control
in
Petroleum
Refineries
in
Gregg,
Nueces,
and
Victoria
Counties
The
amendments
to
§
115.326,
concerning
Recordkeeping
Requirements,
revise
§
115.326(
2)(
G)(
v)
to
require
the
owner
or
operator
to
record
the
date
on
which
a
leaking
component
is
placed
on
the
shutdown
list.
This
is
necessary
in
order
to
enhance
enforceability
of
the
requirement
that
leaking
components
on
the
shutdown
list
be
repaired
at
the
next
shutdown.
The
amendments
to
§
115.326
also
revise
the
record
retention
time
specified
in
§
115.326(
3)
and
(
4)
from
two
years
to
five
years
for
consistency.
The
sources
subject
to
Chapter
115
are
also
subject
to
FCAA
Title
V
permit
requirements,
which
specify
a
five­
year
period
for
retention
of
compliance
records.

Subchapter
D,
Petroleum
Refining,
Natural
Gas
Processing,
and
Petrochemical
Processes
Division
3,
Fugitive
Emission
Control
in
Petroleum
Refining,
Natural
Gas/
Gasoline
Processing,
and
Petrochemical
Processes
in
Ozone
Nonattainment
Areas
The
amendments
to
§
115.352,
concerning
Control
Requirements,
revise
§
115.352(
1)
for
improved
syntax
and
delete
the
reference
to
calibrating
on
propane
and
hexane
because
these
compounds
can
modify
the
screening
concentration
that
was
used
in
the
correlation
equations.
In
addition,
methane
is
the
industry
standard
calibration
gas.

The
amendments
to
§
115.352
also
relocate
to
a
new
§
115.352(
2)(
A)
the
current
language,
which
specifies
that
if
the
repair
of
a
component
would
require
a
unit
shutdown
which
would
create
more
emissions
than
the
repair
would
eliminate,
the
repair
may
be
delayed
until
the
next
shutdown.
The
new
§
115.352(
2)(
A)
adds
a
requirement
for
the
owner
or
operator
to
maintain
documentation
that
the
total
cumulative
emissions
from
leaking
components
in
the
unit
are
less
than
the
emissions
resulting
from
shutdown
of
the
unit.
This
new
requirement
is
necessary
because
the
emissions
resulting
from
shutdown
of
the
unit
are
most
appropriately
compared
to
the
cumulative
emissions
from
leaking
components
in
the
unit,
rather
than
the
emissions
from
a
single
leaking
component,
because
all
unrepaired
leaking
components
will
continue
to
emit
until
the
next
unit
shutdown.
The
amendments
to
§
115.352
add
an
option
for
delay
of
repair
if
extraordinary
efforts
to
repair
the
leaking
component
(
e.
g.,
drilling
and
injection
of
sealant)
must
be
made
within
seven
days
of
the
component
being
placed
on
the
shutdown
list.
The
component
can
only
remain
on
the
shutdown
list
after
a
second
unsuccessful
attempt
to
repair
it
through
extraordinary
efforts,
unless
the
owner
or
operator
demonstrates
that
there
is
a
safety,
mechanical,
or
major
environmental
concern
posed
by
repairing
the
leak
through
extraordinary
means.

In
addition,
the
amendments
to
§
115.352
add
a
new
§
115.352(
2)(
B)
which
requires
that
each
component
for
which
repair
has
been
delayed
must
be
repaired
at
the
next
unit
shutdown.
The
amendments
to
§
115.352
also
add
a
new
§
115.352(
2)(
C)
which
specifies
that
delay
of
repair
beyond
a
unit
shutdown
is
allowed
if
the
component
is
isolated
from
the
process
and
does
not
remain
in
VOC
service,
since
the
component
would
no
longer
have
the
potential
to
leak.

The
amendments
to
§
115.352
also
add
a
new
§
115.352(
2)(
D)
which
specifies
that
valves
which
can
be
safely
repaired
without
a
process
unit
shutdown
may
not
be
placed
on
the
shutdown
list.
An
example
of
such
a
valve
is
a
leaking
valve
in
pipeline
service
and
located
on
the
top
of
the
line
in
a
tank
farm
because
the
valve
can
have
its
packing
replaced
without
a
leak
occurring
provided
that
the
line
is
depressurized.

The
amendments
to
§
115.352
also
add
a
new
§
115.352(
2)(
E)
which
specifies
that
all
components
for
which
a
repair
attempt
was
made
shall
be
monitored
for
leaks
(
with
a
hydrocarbon
gas
analyzer)
within
30
days
or
at
the
next
monitoring
period,
whichever
occurs
first,
after
startup
is
completed
following
the
shutdown.
This
is
necessary
to
ensure
that
leaking
components
have
been
properly
repaired.

In
addition,
the
amendments
to
§
115.352
revise
§
115.352(
4)
to
specify
that
caps
or
plugs
on
open­
ended
lines
must
be
tight­
fitting.
This
is
necessary
because
in
some
cases
the
caps
or
plugs
are
only
finger­
tight,
thereby
resulting
in
emissions.
The
amendments
to
§
115.352
also
revise
§
115.352(
8)
to
allow
metal­
tometal
seals.
Commission
staff
has
determined
that
this
type
of
connector
is
as
effective
as
a
flanged
connection.

The
amendments
to
§
115.352
also
revise
§
115.352(
8)
to
specify
that
all
new
connections
must
be
checked
for
leaks
within
30
days
of
being
placed
in
VOC
service
by
monitoring
with
a
hydrocarbon
gas
analyzer
for
components
in
light
liquid
and
gas
service
and
by
using
visual,
audio,
and/
or
olfactory
means
for
components
in
heavy
liquid
service.

The
amendments
to
§
115.352
further
revise
§
115.352(
9)
to
allow
for
use
of
devices
similar
to
rupture
disks.
This
revision
will
add
the
flexibility
to
use
a
rupture
pin,
second
relief
valve,
or
other
similar
leaktight
pressure
relief
component.

Finally,
the
amendments
to
§
115.352
add
a
new
§
115.352(
10)
which
specifies
that
any
petroleum
refinery;
synthetic
organic
chemical,
polymer,
resin,
or
methyl
tert­
butyl
ether
manufacturing
process;
or
natural
gas/
gasoline
processing
operation
in
HGA
in
which
an
HRVOC
is
a
raw
material,
intermediate,
final
product,
or
in
a
waste
stream,
is
subject
to
the
requirements
of
the
new
Subchapter
H
in
addition
to
the
applicable
requirements
of
Division
3
of
Subchapter
D.
The
new
paragraph
is
necessary
to
make
it
clear
that
the
requirements
of
the
new
Subchapter
H
apply
in
addition
to,
rather
than
in
place
of,
the
requirements
of
Division
3.

The
amendments
to
§
115.354,
concerning
Inspection
Requirements,
revise
§
115.354(
3)
to
exclude
flanges
in
HGA
which
are
required
to
be
monitored
for
leaks
using
Test
Method
21
under
§
115.781(
b)(
3).

The
amendments
to
§
115.354
also
add
new
§
115.354(
9)
to
require
that
all
component
monitoring
take
place
when
the
component
is
in
contact
with
process
material
and
the
unit
is
in
service.
This
is
necessary
because
some
companies
have
been
monitoring
components
in
units
that
are
shut
down,
thereby
inflating
the
count
of
components
that
are
not
leaking
and
lowering,
on
paper,
the
percentage
of
components
that
are
leaking.

In
addition,
the
amendments
to
§
115.354
add
new
§
115.354(
10)
to
require
the
use
of
dataloggers
and/
or
electronic
data
collection
devices
during
monitoring,
except
when
paper
logs
are
necessary
or
more
feasible
(
e.
g.,
small
rounds
(
less
than
100
components),
re­
monitoring
following
component
repair,
or
when
dataloggers
are
broken
or
not
available).
In
addition,
new
§
115.354(
10)
requires
daily
transfer
of
electronic
data
from
electronic
datalogging
devices
to
the
electronic
database
required
by
§
115.356(
2),
concerning
Monitoring
and
Recordkeeping
Requirements.

The
new
§
115.354(
10)
further
requires
that
when
an
electronic
data
collection
device
is
used,
the
collected
monitoring
data
must
include
the
identification
of
each
component
and
each
calibration
run,
the
maximum
screening
concentration
detected,
the
time
of
monitoring
(
beginning
and
end),
a
date
stamp,
an
operator
identification,
an
instrument
identification,
and
calibration
gas
concentrations
and
certification
dates.

The
new
§
115.354(
10)
also
specifies
that
the
acceptable
rate
for
recording
data
must
be
determined
individually
by
each
owner
or
operator
considering
such
factors
including,
but
not
limited
to,
the
size
of
the
equipment,
the
equipment
type,
the
accessibility
of
the
equipment,
the
number
of
leakers
being
found,
and
the
skill
of
the
monitoring
technicians.
The
new
§
115.354(
10)
further
specifies
that
each
owner
or
operator
must
have
a
documented
auditing
process
in
place
to
assure
proper
calibration,
identify
response
time
failures,
and
assess
pace
anomalies.

The
new
§
115.354(
10)
also
specifies
that
changes
to
the
database
must
be
detailed
in
a
log
or
inserted
as
a
notation
in
the
database,
and
that
all
such
changes
must
include
the
name
of
the
person
who
made
the
change,
the
date
of
the
change,
and
an
explanation
to
support
the
change.

In
addition,
the
amendments
to
§
115.354
add
a
new
§
115.354(
11)
which
specifies
that
the
monitored
VOC
concentration
must
be
recorded
for
each
component,
rather
than
using
notations
such
as
"
not
leaking"
or
"
below
leak
definition"
for
readings
that
are
below
the
leak
definition
for
the
component,
or
"
pegged,"
"
off
scale,"
or
"
leaking"
for
readings
that
are
above
the
leak
definition
for
the
component.

For
"
pegged"
readings
on
the
hydrocarbon
gas
analyzer,
one
approach
is
to
set
the
hydrocarbon
gas
analyzer
to
10x
scale
or,
if
necessary,
100x
scale.
For
example,
a
hydrocarbon
gas
analyzer
reading
of
8,000
ppmv
on
10x
scale
means
that
the
actual
VOC
concentration
which
must
be
recorded
is
80,000
ppmv.
If
the
hydrocarbon
gas
analyzer
is
still
pegged
on
100x
scale
or
is
not
equipped
with
a
100x
scale,
a
default
pegged
value
of
100,000
ppmv
is
recorded.

Alternatively,
if
the
hydrocarbon
gas
analyzer
is
not
equipped
with
a
10x
scale,
a
dilution
probe
which
pulls
in
ambient
air
at
a
known
ratio
(
e.
g.,
ten­
to­
one)
is
used.
For
example,
a
hydrocarbon
gas
analyzer
reading
of
8,000
ppmv
with
a
dilution
probe
using
a
ten­
to­
one
dilution
ratio
means
that
the
actual
VOC
concentration
which
must
be
recorded
is
80,000
ppmv.
If
the
hydrocarbon
gas
analyzer
is
still
pegged
using
a
dilution
probe,
a
default
pegged
value
of
100,000
ppmv
is
recorded.
This
is
necessary
to
be
able
to
more
accurately
determine
the
VOC
concentration
for
"
pegged"
components,
which
in
turn
will
allow
for
a
more
accurate
emissions
inventory
for
use
in
developing
control
strategies
toward
reaching
attainment
with
the
ozone
standard.

Similarly,
the
requirement
to
record
the
VOC
concentration
for
components
which
are
below
the
leak
threshold
will
allow
for
a
more
accurate
emissions
inventory
for
use
in
developing
control
strategies
toward
reaching
attainment
with
the
ozone
standard.

Finally,
the
amendments
to
§
115.354
add
a
new
§
115.354(
12)
which
specifies
that
exemptions
for
valves
with
a
nominal
size
of
two
inches
or
less
expired
on
July
31,
1992
(
final
compliance
date).
The
new
paragraph
is
necessary
due
to
the
continued
misconception
that
such
an
exemption
is
available
in
Chapter
115
for
ozone
nonattainment
areas,
despite
the
fact
that
the
rule
change
which
eliminated
the
exemption
was
adopted
over
11
years
ago.
(
See
the
July
2,
1991
issue
of
the
Texas
Register
(
16
TexReg
3722
­
3724)).

The
amendments
to
§
115.356,
concerning
Monitoring
and
Recordkeeping
Requirements,
specify
that
the
recordkeeping
requirements
can
be
met
either
through
electronic
records
or
in
hard
copy
format.
Electronic
records
are
expected
to
result
in
reduced
costs
compared
to
hard
copy
records.

The
amendments
to
§
115.356
also
renumber
the
current
§
115.356(
1)
as
§
115.356(
2)
and
add
a
new
§
115.356(
1)
which
specifies
that
records
identifying
each
process
unit
must
include
the
name
of
each
process
unit,
a
scale
plot
plan
showing
the
location
of
each
process
unit,
process
flow
diagrams
for
each
process
unit
showing
the
general
process
streams
and
major
equipment
on
which
the
components
are
located,
and
the
expected
VOC
emissions
if
the
process
unit
is
shut
down
for
repair
of
components
or
other
equipment.
These
records
are
necessary
to
improve
enforceability
by
enabling
inspectors
to
more
readily
determine
the
process
unit's
compliance
status
through
easier
identification
of
process
units
and
major
equipment,
as
well
as
maintenance
of
estimated
shutdown
emissions.

In
addition,
the
amendments
to
§
115.356
replace
the
current
§
115.356(
1)(
C),
(
D),
(
E)(
1),
(
H),
and
(
I)
with
a
renumbered
§
115.356(
2)(
C)
which
requires
maintenance
of
all
data
required
to
be
collected
by
the
monitoring
and
inspection
requirements
of
§
115.354
for
each
component
which
must
be
monitored
with
a
hydrocarbon
gas
analyzer.
This
revision
will
ensure
that
records
of
the
appropriate
data
are
maintained,
thereby
improving
the
enforceability
of
the
rule.

The
amendments
to
§
115.356
also
revise
the
current
§
115.356(
1)(
E)(
ii)
(
renumbered
as
§
115.356(
2)(
D))
to
require
records
of
the
results
of
the
weekly
audio,
visual,
and
olfactory
inspections
of
flanges
required
by
§
115.354(
3).
This
is
necessary
because
currently
there
is
no
way
to
determine
whether
the
required
weekly
flange
inspections
are
being
conducted
as
required.
The
revisions
to
the
renumbered
§
115.356(
2)(
D)
exclude
flanges
that
are
monitored
using
Test
Method
21
as
required
by
§
115.781(
b)(
3).
This
will
ensure
that
new
instrument
monitoring
requirements
are
not
added
to
flanges
which
are
not
subject
to
Subchapter
H,
Division
3.

The
amendments
to
§
115.356
also
revise
the
current
§
115.356(
1)(
F)
(
renumbered
as
§
115.356(
2)(
E))
to
require
records
of
the
monitoring
instrument
data
required
by
§
115.354(
10),
such
as
results
of
the
calibration
gas
concentrations.

In
addition,
the
amendments
to
§
115.356
revise
the
current
§
115.356(
1)(
G)
(
renumbered
as
§
115.356(
2)(
F))
to
require
the
owner
or
operator
to
record
the
component
identification
and
method
of
leak
determination
(
Test
Method
21,
sight/
sound/
smell,
or
inert
gas
or
hydraulic
testing);
the
date
on
which
a
leaking
component
is
placed
on
the
shutdown
list
the
dates
and
nature
of
each
extraordinary
effort
to
repair
the
leaking
component;
the
date
on
which
the
leaking
component
was
taken
out
of
service
as
allowed
by
§
115.352(
2)(
C);
and
the
calculation
showing
the
estimated
VOC
emission
rates
of
the
component
as
required
by
§
115.352(
2)(
A)(
i)(
II)
if
extraordinary
efforts
are
not
going
to
be
initiated.
These
revisions
ensure
that
adequate
records
are
required
to
demonstrate
compliance.

The
amendments
to
§
115.356
also
revise
the
current
§
115.356(
2)
(
renumbered
as
§
115.356(
2)(
G))
to
specify
that
records
of
the
audio,
visual,
and
olfactory
inspections
of
connectors
are
not
required
unless
a
leak
is
detected.
The
current
§
115.356(
2)
only
include
reference
to
flanges,
which
are
a
specific
type
of
connector.
The
amendments
to
§
115.356(
2)
are
necessary
because
the
recordkeeping
requirements
of
§
115.356
are
used
to
specify
some
of
the
records
required
to
demonstrate
compliance
with
the
new
Subchapter
H,
Division
3,
concerning
Fugitive
Emissions,
which
requires
monitoring
(
with
a
hydrocarbon
gas
analyzer)
and
inspection
of
connectors.

In
addition,
the
amendments
to
§
115.356
add
a
new
§
115.356(
3)
which
requires
records
for
each
process
unit
with
leaking
components,
updated
each
day
after
a
leaking
component
is
determined
to
require
a
process
unit
shutdown
to
repair
and
where
extraordinary
efforts
to
repair
the
component
will
not
be
pursued,
including:
1)
the
date,
calculations,
and
estimated
emissions
of
VOC
as
required
by
§
115.352(
2)(
A)(
i)(
III);
2)
the
date,
calculations,
and
comparison
of
emissions
of
VOC
as
required
by
§
115.352(
2)(
A)(
i)(
IV);
and
3)
the
date
of
each
process
unit
shutdown
required
due
to
VOC
emissions
of
leaking
components
exceeding
the
expected
VOC
emissions
from
the
shutdown.
This
revision
will
ensure
that
records
of
the
appropriate
data
are
maintained,
thereby
improving
the
enforceability
of
the
rule.

The
amendments
to
§
115.356
further
add
a
new
§
115.356(
4)
which
requires
records
identifying
and
justifying
each
of
the
following:
1)
unsafe­
to­
monitor
valve;
2)
nonaccessible
(
difficult
to
monitor)
valve;
and
3)
exemption
by
component
claimed
under
§
115.357.
This
revision
will
ensure
that
records
of
the
appropriate
data
are
maintained,
thereby
improving
the
enforceability
of
the
rule.

The
amendments
to
§
115.356
also
renumber
the
current
§
115.356(
4)
as
§
115.356(
5)
to
accommodate
the
new
§
115.356(
4),
and
revise
the
record
retention
time
specified
in
the
renumbered
§
115.356(
5)
from
two
years
to
five
years
for
consistency.
The
sources
subject
to
Chapter
115
are
also
subject
to
FCAA
Title
V
permit
requirements,
which
specify
a
five­
year
period
for
retention
of
compliance
records.
The
five­
year
record
retention
requirement
does
not
apply
to
records
generated
before
December
31,
2000.
This
date
was
selected
because
it
is
two
years
before
the
estimated
effective
date
of
the
revised
rules,
and
consequently
will
ensure
that
the
new
five­
year
record
retention
requirement
is
not
retroactive
to
records
that
were
not
required
to
be
maintained
under
the
current
two­
year
record
retention
requirement.

The
amendments
to
§
115.357,
concerning
Exemptions,
revise
§
115.357(
1)
to
clarify
which
specific
portions
of
§
115.354
a
component
would
be
exempt
from
if
the
conditions
of
the
exemption
in
§
115.357(
1)
are
met.

The
amendments
to
§
115.357
also
revise
§
115.357(
2)
to
clarify
that
the
current
reference
to
"
storage
tank
valves"
means
conservation
vents
or
other
devices
on
atmospheric
storage
tanks
that
are
actuated
either
by
a
vacuum
or
a
pressure
of
no
more
than
2.5
pounds
per
square
inch
gauge
(
psig).
In
addition,
the
amendments
to
§
115.357
revise
§
115.357(
5)
to
clarify
that
reciprocating
compressors
and
positive
displacement
pumps
used
in
natural
gas/
gasoline
processing
operations
are
exempt
from
the
requirements
of
Division
3.

The
amendments
to
§
115.357
also
add
a
new
§
115.357(
10)
which
specifies
that
the
requirements
of
the
new
Subchapter
H
apply
to
components
which
qualify
for
one
or
more
of
the
exemptions
in
§
115.357(
1)
­
(
9).
The
new
paragraph
is
necessary
to
make
it
clear
that
the
requirements
of
the
new
Subchapter
H
apply
in
HGA
to
each
component
in
processes
in
which
an
HRVOC
is
a
raw
material,
intermediate,
final
product,
or
in
a
waste
stream,
regardless
of
whether
the
component
can
qualify
for
an
exemption
from
the
requirements
of
Division
3
of
Subchapter
D.

The
amendments
to
§
115.359,
concerning
Counties
and
Compliance
Schedules,
add
a
new
§
115.359(
2)
which
specifies
a
December
31,
2003
compliance
date
for
maintaining
the
data
required
to
be
collected
by
the
monitoring
and
inspection
requirements
of
§
115.354
for
each
component
required
to
be
monitored
with
a
hydrocarbon
gas
analyzer,
and
for
maintaining
records
of
the
results
of
the
weekly
audio,
visual,
and
olfactory
inspections
of
flanges
required
by
§
115.354(
3).

The
amendments
to
§
115.359
also
add
a
new
§
115.359(
3)
which
specifies
a
December
31,
2003
compliance
date
for
the
recordkeeping
required
by
§
115.356(
1),
(
3),
and
(
4).

Subchapter
E,
Solvent­
Using
Processes
Division
2,
Surface
Coating
Processes
The
amendment
to
§
115.420,
concerning
Surface
Coating
Definitions,
revises
the
definition
of
vehicle
refinishing
(
body
shops)
in
§
115.420(
b)(
12)(
B)(
viii)
to
clarify
the
intent
of
the
exclusion
of
"
construction
equipment"
from
this
definition.
Specifically,
the
revisions
replace
"
vehicle"
with
"
motor
vehicle"
because
the
definition
of
vehicle
refinishing
(
body
shops)
is
intended
to
apply
to
self­
propelled
vehicles
that
are
required
to
be
registered
under
Texas
Transportation
Code,
Chapter
502,
consistent
with
the
definition
of
motor
vehicle
in
30
TAC
§
114.620(
3),
concerning
Definitions.
In
addition,
the
revisions
replace
"
construction
equipment"
with
a
reference
to
non­
road
equipment
and
non­
road
vehicles,
as
those
terms
are
defined
in
§
114.6(
17),
concerning
Low
Emission
Fuel
Definitions,
and
§
114.3(
10),
concerning
Low
Emission
Vehicle
Fleet
Definitions.
The
revisions
are
necessary
to
eliminate
any
confusion
over
whether
the
coating
of
construction
equipment
is
classified
as
vehicle
refinishing
or
as
miscellaneous
metal
parts
and
products
coating.

The
amendment
to
§
115.421,
concerning
Emission
Specifications,
deletes
§
115.421(
a)(
9)(
A)(
v)
because
this
requirement
is
no
longer
applicable
as
of
December
31,
2001.

The
amendments
to
§
115.427,
concerning
Exemptions,
revise
§
115.427(
a)(
1)(
A)
and
(
3)
and
(
b)(
2)(
A)
by
deleting
language
which
is
obsolete
due
to
the
passing
of
a
December
31,
2001
compliance
date.

The
amendments
to
§
115.429,
concerning
Counties
and
Compliance
Schedules,
delete
the
current
§
115.429(
a)
and
(
b)
because
these
subsections
are
obsolete
due
to
the
passing
of
a
December
31,
1999
compliance
date.
The
amendments
to
§
115.429
also
revise
the
current
§
115.429(
c)
by
deleting
language
which
is
obsolete
due
to
the
passing
of
a
December
31,
2001
compliance
date
and
replacing
it
with
language
specifying
that
the
owner
or
operator
of
each
surface
coating
operation
in
the
16
ozone
nonattainment
counties
and
Gregg,
Nueces,
and
Victoria
Counties
must
continue
to
comply
with
this
division
as
required
by
§
115.930.
Appendix
4
Excerpt
from
November
7,
2003
Texas
Register
Subchapter
C,
Volatile
Organic
Compound
Transfer
Operations
Division
1,
Loading
and
Unloading
of
Volatile
Organic
Compounds
The
amendments
to
§
115.216,
Monitoring
and
Recordkeeping
Requirements,
add
a
missing
section
symbol
to
§
115.216(
1)(
B).

In
addition,
the
amendments
to
§
115.216
revise
§
115.216(
3)(
B)
to
specify
that
vapor
pressure
records
are
not
required
if
the
total
volume
of
VOC
loaded
into
transport
vessels
is
less
than
20,000
gallons
per
day
(
averaged
over
each
consecutive
30­
day
period).
This
revision
is
adopted
because
vapor
pressure
records
are
not
necessary
to
establish
compliance
with
the
20,000
gallon
per
day
exemption
threshold
at
loading
operations
for
which
the
total
volume
of
VOC
loaded
into
transport
vessels
is
less
than
20,000
gallons
per
day.
In
addition,
the
amendments
spell
out
and
acronym
"
pounds
per
square
inch,
absolute
(
psia)"
in
§
115.216(
3)(
C).

The
amendments
to
§
115.217,
Exemptions,
revise
§
115.217(
a)(
1)
and
(
b)(
1)
by
adding
"
to
or
from
transport
vessels"
to
indicate
that
VOC
transfer
includes
both
loading
and
unloading
operations
to
or
from
transport
vessels.
The
amendments
to
§
115.217
also
revise
§
115.217(
a)(
2)(
A)
and
(
b)(
3)(
A)
by
replacing
"
any
plant"
with
"
loading
operations
at
any
plant"
because
these
exemptions
are
more
appropriately
associated
with
loading
operations
at
the
plant,
rather
than
the
plant
itself.
In
addition,
the
amendments
to
§
115.217
revise
§
115.217(
a)(
2)(
A)
and
(
B),
(
3),
(
4),
and
(
5)(
A);
and
(
b)(
1),
(
2),
(
3)(
A)
and
(
B),
and
(
4)
­
(
6),
by
deleting
unnecessary
division
title
references
Appendix
5
Excerpt
from
April
8,
2005
Texas
Register
Subchapter
C,
Division
2,
Stage
I
Vapor
Recovery
The
amendment
to
§
115.222,
Control
Requirements,
adds
"
or
third­
party
certification"
to
§
115.222(
5)
and
changes
"
shall"
to
"
must"
in
§
115.222
(
1),
(
10),
and
(
11),
as
previously
discussed
in
this
preamble.
In
§
115.222(
7),
the
word
"
tank"
is
inserted
to
state
more
clearly
which
vapors
are
covered
by
the
provision.
In
§
115.222(
9),
the
phrase
"
combustible
gas
detector"
is
being
replaced
with
the
term
"
hydrocarbon
gas
analyzer."
The
revision
to
§
115.222(
12)
clarifies
that
the
exemption
limits
in
§
115.227
do
not
establish
applicability
to
the
rule.
At
proposal,
the
requirement
was
rewritten
to
state
that
if
a
motor
vehicle
fuel
dispensing
facility
does
not
meet
an
exemption
in
§
115.227,
then
the
owner
or
operator
has
120
days
to
come
into
compliance
with
the
provisions
of
this
division.
At
adoption,
the
proposed
language
is
changed
to
clarify
that
exceeding
a
throughput
level
that
pertains
to
an
exemption
in
§
115.227
means
that
exemption
no
longer
applies
to
the
facility.
Also,
in
§
115.222(
12),
the
word
"
subsection"
is
replaced
with
"
section"
to
conform
to
Texas
Register
guidelines.

The
amendment
to
§
115.223,
Alternate
Control
Requirements,
removes
the
language
referencing
§
115.910
for
demonstrating
an
alternate
control
requirement
(
ACR)
and
replaces
it
with
language
comparable
to
that
given
in
§
115.243,
which
regulates
ACRs
for
Stage
II.
This
amendment
will
make
the
approval
of
new
Stage
I
equipment
easier
and
more
commensurate
with
the
approval
process
in
place
for
Stage
II
equipment.

Subchapter
C,
Division
4,
Stage
II
Vapor
Recovery
The
amendment
to
§
115.240,
Stage
II
Vapor
Recovery
Definitions
and
List
of
California
Air
Resources
Board
Certified
Stage
II
Equipment,
revises
the
definition
of
"
Onboard
refueling
vapor
recovery
compatible."
Following
the
promulgation
of
the
last
Stage
II
rule
revision
(
November
2002),
new
vapor
recovery
technologies
have
been
developed
that
are
limited
by
the
prior
definition.
The
new
definition
considers
any
vapor
recovery
system
certified
by
CARB
as
ORVR
compatible,
regardless
of
whether
it
is
vacuum
assisted,
to
also
be
ORVR
compatible
in
Texas.
In
addition,
a
system
certified,
using
test
methods
approved
by
the
executive
director,
by
an
independent
third­
party
evaluator
to
maintain
an
overall
efficiency
of
at
least
95%
while
dispensing
fuel
to
both
ORVR­
equipped
and
non­
ORVR­
equipped
vehicles
may
be
considered
ORVR
compatible
in
Texas.
The
use
of
the
acronym
"
ORVR"
in
the
title
is
also
deleted
to
conform
to
agency
guidelines.
The
amendment
also
changes
"
shall"
in
§
115.240(
a)
to
present
tense,
as
previously
discussed
in
this
preamble.
At
adoption,
based
on
public
comment,
the
definition
of
"
major
system
replacement
or
modification,"
which
was
added
to
§
115.245(
1)(
D)
at
proposal,
is
moved
to
this
section
as
§
115.240(
a)(
1),
and
the
subsequent
definitions
are
renumbered.
At
adoption
to
conform
to
Texas
Register
guidelines,
the
phrase
"
the
California
Air
Resources
Board"
in
the
proposed
language
in
§
115.240(
a)(
3)
is
replaced
by
the
acronym
"
CARB"
because
the
language
added
at
adoption
as
§
115.240(
a)(
1)
defines
the
acronym
earlier
in
the
same
section.
The
amendment
to
§
115.240(
b)
removes
the
phrase
"
in
the
following
figure"
and
replaces
it
with
"
contained
in
this
subsection"
to
conform
to
Texas
Register
guidelines.
At
adoption
to
conform
to
Texas
Register
guidelines,
the
phrase
"
California
Air
Resources
Board"
in
the
existing
language
in
§
115.240(
b)
is
removed
and
the
acronym
"
CARB"
retained
because
the
language
added
at
adoption
as
§
115.240(
a)(
1)
defines
the
acronym
earlier
in
the
same
section.

The
amendment
to
§
115.242,
Control
Requirements,
adds
"
or
third­
party
certification"
to
§
115.242(
2),
(
3),
(
3)(
B)
and
(
G),
and
(
12)(
C);
changes
"
shall"
to
"
must"
in
§
115.242(
2),
(
2)(
A)
­
(
F),
(
5),
(
6),
and
(
9);
changes
"
shall"
to
"
may"
in
§
115.242(
1)(
A)
and
(
B);
and
changes
"
shall"
to
present
tense
in
§
115.242(
2)(
B)
and
(
D),
as
previously
discussed
in
this
preamble.
The
amendment
removes
"
vacuum
assist"
from
§
115.242(
1)(
C)
because
this
distinction
is
no
longer
necessary
because
CARB
determined
that
all
previously
certified
balance
systems
are
ORVR
compatible.
In
§
115.242(
2),
a
grammatical
error
is
corrected
by
inserting
"
and"
into
a
series
of
sections.
The
amendment
to
§
115.242(
2)(
C)
removes
the
phrase
"
one­
eighth
of
an"
and
replaces
it
with
"
1/
8"
to
conform
to
Texas
Register
guidelines.
In
§
115.242(
2)(
D),
the
provision
for
the
minimum
size
of
vapor
piping
is
rephrased
to
be
consistent
with
the
rule
drafting
guideline.
Additionally,
the
phrase
"
and
shall
slope
towards
the
storage
tank
at
all
points"
is
added
to
§
115.242(
2)(
E)
to
augment
the
requirements
for
riser
piping.
This
language
ensures
that
the
piping
within
and
below
the
dispenser
will
be
free
of
liquid
traps.
The
words
"
or
control"
is
added
to
§
115.242(
3)(
H)
to
cover
newer
vapor
recovery
system
designs
that
are
not
necessarily
considered
"
vapor
processors."
In
§
115.242(
6),
language
concerning
the
removal
of
out­
of­
order
tags
and
returning
equipment
to
service
is
changed
to
be
more
understandable.
The
revision
to
§
115.242(
10)
clarifies
that
the
exemption
limits
in
§
115.247
do
not
establish
applicability
to
the
rule.
The
requirement
has
been
rewritten
to
state
that
if
a
motor
vehicle
fuel
dispensing
facility
does
not
meet
an
exemption
in
§
115.247,
then
the
owner
or
operator
has
120
days
to
come
into
compliance
with
the
provisions
of
this
division.
In
§
115.242(
12),
the
phrase
"
with
jurisdiction"
is
inserted
after
the
phrase
"
local
air
pollution
program"
to
add
specificity.
In
§
115.242(
12)(
C),
the
word
"
number(
s)"
is
added
after
the
phrase
"
CARB
Executive
Order"
to
show
that
the
entire
CARB
Executive
Order
does
not
need
to
be
submitted.

The
only
amendment
to
§
115.243(
2),
Alternate
Control
Requirements,
is
a
change
from
the
word
"
verified"
to
"
certified."
This
change
is
needed
both
to
strengthen
the
ACRs
and
to
make
this
language
consistent
with
the
rest
of
the
rule.

The
amendment
to
§
115.245,
Testing
Requirements,
reconfigures
the
entire
section,
but
results
in
only
a
minor
additional
requirement.
Language
is
reconfigured
to
make
§
115.245(
1)
applicable
only
to
initial
or
full
system
testing;
§
115.245(
2)
applicable
to
only
annual
testing;
and
new
§
115.245(
3)
applicable
only
to
pretest
notification
and
reporting
of
test
results.
At
adoption,
based
on
public
comment,
the
definition
of
"
major
system
replacement
or
modification,"
which
was
added
to
§
115.245(
1)(
D)
as
part
of
the
reconfiguration,
is
moved
to
§
115.240(
1)
as
discussed
previously
in
this
preamble.
The
amendment
to
§
115.245(
2)
removes
"
twelve"
and
replace
it
with
"
12"
to
conform
to
Texas
Register
guidelines.
The
provisions
in
§
115.245(
3)
are
broken
out
of
§
115.245(
2)
and
modified
because
the
current
language
in
this
section
is
redundant,
confusing,
and
somewhat
difficult
to
enforce.
The
remaining
paragraphs
are
renumbered.
Other
changes
add
"
or
third­
party
certification"
to
§
115.245(
1)(
A)(
i)
and
(
C)
and
change
"
shall"
to
"
must"
in
§
115.245(
1),
(
1)(
A)(
i)
­
(
iv),
(
1)(
B)
and
(
C),
(
2),
(
5),
and
(
6),
as
previously
discussed
in
this
preamble.
In
§
115.245(
1),
the
word
"
commission's"
is
added
before
the
title
"
Vapor
Recovery
Test
Procedure
Handbook"
to
add
specificity.
Additionally,
the
changes
add
the
applicable
Texas
test
procedure
number
after
the
description
of
each
required
test
and
add
test
time
as
a
required
item
for
pretest
notifications
in
new
§
115.245(
3).
At
adoption,
new
wording
is
added
to
renumbered
§
115.245(
4)
to
make
it
clear
that
only
test
modifications
that
have
been
approved
by
the
executive
director
may
be
used.

The
amendment
to
§
115.248,
Training
Requirements,
adds
"
and
testing"
to
§
115.248(
3)(
C)
to
better
ensure
that
testing
requirements
are
included
in
the
curriculum
of
approved
Stage
II
training
courses.
The
commission
is
changing
"
shall"
to
the
present
tense
in
§
115.248(
1)
and
(
4)(
B)(
ii)
and
changing
"
shall"
to
"
must"
in
§
115.248(
1),
as
previously
discussed
in
this
preamble.
The
proposed
amendment
also
corrects
a
typographic
error
in
§
115.248(
4)(
B)(
ii).

The
amendment
to
§
115.249,
Counties
and
Compliance
Schedules,
removes
"
vacuum
assist"
from
§
115.249(
c),
(
c)(
1),
and
(
c)(
2).
This
distinction
is
no
longer
necessary
because
CARB
determined
that
all
previously
certified
balance
systems
are
ORVR
compatible.
Appendix
6
Excerpt
from
April
29,
2005
Texas
Register
Subchapter
A,
Definitions
§
115.10,
Definitions
The
amendment
to
§
115.10
revises,
for
the
purposes
of
Subchapter
C,
Division
2,
the
definitions
of
"
Covered
attainment
counties"
and
"
Dallas/
Fort
Worth
area"
by
moving
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties
from
the
"
Covered
attainment
counties"
definition
to
the
"
Dallas/
Fort
Worth
area"
definition.
Additionally,
the
definition
change
for
"
Dallas/
Fort
Worth
area,"
that
includes
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties,
applies
to
Subchapter
E,
Division
2.
The
existing
definitions
continue
to
apply
in
the
other
sections
of
the
chapter.
A
reference
to
the
Texas
Health
and
Safety
Code
has
been
added
to
the
first
sentence
of
§
115.10,
as
a
change
to
the
proposed
language,
to
be
consistent
with
other
agency
rules.

Subchapter
C,
Volatile
Organic
Compound
Transfer
Operations
Division
2,
Filling
of
Gasoline
Storage
Vessels
(
Stage
I)
for
Motor
Vehicle
Fuel
Dispensing
Facilities
§
115.229,
Counties
and
Compliance
Schedules
The
amendment
to
§
115.229
adds
new
subsection
(
d)
to
specify
that
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties
that
have
dispensed
at
least
10,000
but
less
than
125,000
gallons
of
gasoline
per
month
must
comply
with
the
requirements
as
soon
as
practicable,
but
no
later
than
June
15,
2007.
This
date
is
the
deadline
specified
for
control
measures
to
be
in
place
for
the
5%
increment
of
progress.

Subchapter
E,
Solvent­
Using
Processes
Division
2,
Surface
Coating
Processes
§
115.429,
Counties
and
Compliance
Schedules
The
amendment
to
§
115.429
designates
the
existing
text
in
§
115.429
as
§
115.429(
a)
and
adds
a
new
subsection
(
b),
to
specify
that
surface
coating
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties
must
comply
with
the
requirements
as
soon
as
practicable,
but
no
later
than
June
15,
2007.
This
date
is
the
deadline
specified
for
control
measures
to
be
in
place
for
the
5%
increment
of
progress.
