1. Common Permit by Rule Authorizations
Dana Johnson Air Permits Division Texas Commission on Environmental Quality Environmental Trade Fair 2016

2. General PBR Information
Today’s Topics
Today’s Topics
General PBR Information
Most Common PBRs
The Application
PBRs = permits by rule

3. Using a PBR Using a Chapter 106 PBR Quicker response time Lower fees
Cannot customize – all or nothing
Meetings with R&R staff prior to submittals is encouraged if using PBR(s) at major sites.
Clock image created by Matthew Clarke from The Noun Project.
Avoid image created by Nick Bluth from The Noun Project.
Cannot partially permit a process 1. 2. 3.
Cannot circumvent permitting

4. Claiming vs. Registering
Claiming – Keep records to show compliance with all rules and regulations
Registering – Submitting documentation to TCEQ and paying a fee
Certification vs. Registration:
PI-7
PI-7CERT or APD-CERT
Register
PI-7 = Registration for Permits by Rule (form)
PI-7CERT = Registration and Certification for Permits by Rule (form)
APD-CERT = Certification of Emission Limits (form)
Some PBRs will require registration, others can simply be claimed.
Claiming vs. Registering:
Claiming – Keep records to show compliance with all rules and regulations
Registering – Submitting formal documentation to TCEQ and paying a fee

5. Most Common PBRs Most Common PBRs §106.433 Surface Coating
§ Dry abrasive cleaning
§ /262 Facilities
470 Series Tanks, Loading, Storage
140 Series Aggregate and Pavement
§§ , 359, 492, and 512 Oil and Gas
Image of paint gun created by Kid Mountain from The Noun Project.
Image of oil derrick created by Gabriele Malaspina from The Noun Project.
Image of aggregate pile created by Shawn Erdely from The Noun Project.

6. Surface Coating Surface Coating
Allows for enclosed vs. non-enclosed surface coating
Authorization requires the applicant to account for exempt solvents
Maximum annual volatile organic compound (VOC) emission rates are 13 tons per year (tpy) VOC or 25 tpy, dependent on whether the facility is enclosed or non- enclosed
Applicant must include emissions for maintenance, start-up, and shutdown (MSS) (process MSS vs. non-process MSS)

7. Surface Coating §106.433 Surface Coating §106.433
Enclosed vs. non-enclosed
13 tpy vs. 25 tpy of VOC
Exempt solvents
Process vs. non-process MSS
Fixed and immovable
tpy = tons per year
VOC = volatile organic compound
MSS = maintenance, start-up, and shutdown

8. Surface Coating – more info
Why an MSDS?
Surface Coating Calculations:
Authorization Guide
Emissions Calculation Spreadsheet
Did you address applicability with state and federal requirements?
MSDS = Material Safety Data Sheet
The surface coating authorization guide can be found at
The surface coating emissions calculation spreadsheet can be found at

9. Daily Weighted Average
5.0 lb/gal
1.0 lb/gal
3.0 lb/gal
9 lb
3 gal
We get a lot of questions related to daily weighted average. It is a common misconception that if your VOC daily weighted average is 3.5 pound per gallon (lb/gallon), you cannot use any coatings that are above that. That is not true. What it means is that the combined coatings used to coat a specific item must average out to 3.5 lb/gallon VOC.
Let’s say that in order to paint your miscellaneous metal part you have to use three coatings. The VOC of each coating is 5 lb/gallon, 1 lb/gallon, and 3 lb/gallon.
3.0 lb/gal

10. Dry Abrasive Cleaning §106.452
Enclosed vs. non-enclosed:
- Registration
Blasting media
Distance limitations
Usage limitations
MSS may be authorized using §
§ typically goes hand-in-hand with §
As applicable, MSS may also be authorized under PBR
Distance limits do apply for facilities that are unable to meet the requirements of an enclosed facility.
Usage limits do apply for facilities that are unable to meet the requirements of an enclosed facility.
MSS must be accounted for.

11. §106.261 & §106.262 Facilities §106.261 / 262 Rules MSS
If you cannot meet a section of another more appropriate PBR, you cannot use PBRs or These PBRs are not intended to be substitutes for rules that have technical requirements that cannot be met.
All upstream and downstream impacts must be addressed and accounted for when using /262 to add new equipment to an existing process. Questions to consider are: Is the throughput changing? Will there be new chemicals introduced with this new process that will have to be addressed in facilities downstream?
MSS must be addressed. Will there be new MSS activities associated with the construction/modification of the facility?
If there are any NSR permits associated with this site, you must reference them. Be sure to document how this new process is or isn’t associated with the NSR permits at the site.
If you are a major site and are relying on controls or netting, you will need to certify the project. Note that there are many, many other reasons to certify outside of the two examples provided.
Please provide any netting that could be applicable to this project.
The rule allows for the annual submissions of projects that have used /262 when emissions did not exceed 5 tpy.
NOTE: break out each project to make sure Prevention of Significant Deterioration, nonttainment, etc. were never triggered.
Is it okay to use /262 to increase a permit allowable? Yes, if the NSR permit does not prohibit it and you can meet the appropriate limits of /262.

12. Facilities Limits 262 261 261 Emissions table in 262
E=L/K
261
261
6 lb/hr & 10 tpy
1lb/hr & 4.38 tpy
Emissions table in 262
1997 TLVs and BEIs
lb/hr = pound per hour
Emission limits for pollutants will be limited by the following:
PBR (a)(2) – 6 lb/hr & 10 tpy
PBR (a)(3) – 1.00 lb/hr & 4.38 tpy
PBR (a)(2) – E = L/K
L is determined using either the table found in the rule ( or
The 1997 threshold limit values (TLVs) and BEIs
The rule requires the use of the time weighted average (TWA) Threshold Limit Value (TLV) published by the American Conference of Governmental Industrial Hygienists (ACGIH), in its TLVs and BEIs guide (1997 Edition). However, if a newer TLV has a more stringent value OR if a chemical is listed on the current version, but was not in the 1997 version, we highly recommend you use the newer value to ensure protectiveness. You can use the current version of the TLV only when the current version is equal to or more stringent than the 1997 version.

13. Facilities §106.261 & §106.262 Facilities §106.261 / 262
Annual submittal:
- Easier, economical when prepared all together
“Portable” annual notifications allowed if each site < 5 tpy
Account for ALL upstream/downstream
Represent ALL associated NSR permits
NSR = New Source Review
These PBRs are not intended to be substitutes for rules that have technical requirements that cannot be met.
NOTE: break out each project to make sure Prevention of Significant Deterioration, Non-Attainment, etc. were never triggered.

14. §106.261 & §106.262 more info Facilities §106.261 / 262
Certification for major sites
Please use current version of TLV
Can only be used when there is NOT a more specific rule
TLV = Threshold Limit Value
Important! If newer TLV has a more stringent value OR if a chemical is listed on the current version, but was not previously, we highly recommend you use the newer value to ensure protectiveness. You can use the current version of the TLV only when the current version is equal to or more stringent than the 1997 version.
If you can’t meet a section of another applicable PBR, you can’t use PBRs or instead.

15. Facilities Review Facilities Review 6 lb/hr and 10 tpy
E=L/K
Net increase on new hour
Netting
Is it okay to exceed permitted allowable?
Supporting documents can be found on web site.

16. §106.261 & §106.262 Case Study §106.261 / 262 Case Study
Image of magnifying glass created by Creative Stall from The Noun Project.

17. Pollutants Butane Benzene Emery Monza §106.261 / 262 Case Study
In this case study we have a new process being authorized under PBR /262 that will emit Butane, Benzene, Emery, and Monza. In this example we will have estimated emissions of each pollutant and then compare those estimates to the limits of the rule(s).

18. Emissions Summary Table - Blank
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89 ?
Benzene
0.0211
0.003
Emery
Monza
0.8
1.36
Above are our air pollutants and our actual emissions estimates.

19. Pollutants - Butane Butane Benzene Emery Monza
§ / 262 Case Study
Butane
Benzene
Emery
Monza
First we focus on Butane.

20. § Rule Language

21. § (a)(2) Rule Language
Excerpt from rule text § (a)(2):
(a)(2) Total new or increased emissions, including fugitives, shall not exceed 6.0 pounds per hour (lb/hr) and ten tons per year of the following materials: acetylene, argon, butane, crude oil....

22. Emissions Summary Table - Butane
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00 ?
Benzene
0.0211
0.003
Emery
Monza
0.8
1.36
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003 ?
Emery
Monza
0.8
1.36
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89 ?
Benzene
0.0211
0.003
Emery
Monza
0.8
1.36

23. Pollutants - Benzene Butane Benzene Emery Monza
§ / 262 Case Study
Butane
Benzene
Emery
Monza
Now that we have covered Butane, we will focus on Benzene.

24. Not in § Rule Language
Benzene is not listed in PBR , so we will have to look at PBR

25. § Rule Language

26. § Limit Values
Benzene is listed in PBR and has an L value of 3.

27. Emissions Summary Table
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003 ?
Emery
Monza
0.8
1.36
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2) ? 3
Emery
Monza
0.8
1.36
We must now find the K value.

28. §106.262 Rule Language – Attached Graphic

29. §106.262 K Distance Calculator
Distance to nearest off property receptor: 300 ft
K = 139

30. Emissions Summary Table – Benzene K Value
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945*
Emery ?
Monza
0.8
1.36
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945* ?
Emery
Monza
0.8
1.36
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2) ? 3
Emery
Monza
0.8
1.36
E = 3/139 = 0.021
* Per the rule, the annual limit is 5.00 tpy. However, it is mathematically impossible to reach this number when the max lb/hr * 8760 hrs/2000 = <5 tpy.

31. Pollutants - Emery Butane Benzene Emery Monza
§ / 262 Case Study
Butane
Benzene
Emery
Monza
Now that we have covered Butane and Benzene, we will focus on Emery.

32. Not in § Rule Language
Emery is not listed in PBR , so we will have to look at PBR

33. Not in § Limit Values
Emery is not listed in PBR ’s pollutants list, so we will have to look at the 1997 TLVs and BEIs.

34. 1997 TLVs and BEIs 1997 TLVs & BEIs
Emery is listed in the 1997 TLVs and BEIs and has an L value of 10.

35. Emissions Summary Table - Emery
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945*
Emery 10
0.0719
0.315*
Monza
0.8
1.36 ?
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945*
Emery 10
0.0719
0.315* ?
Monza
0.8
1.36
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945*
Emery ?
Monza
0.8
1.36
E = 10/139 = 0.07
* Per the rule, the annual limit is 5.00 tpy. However, it is mathematically impossible to reach this number when the max lb/hr * 8760 hrs/2000 = <5 tpy.

36. Pollutants - Monza Butane Benzene Emery Monza
§ / 262 Case Study
Butane
Benzene
Emery
Monza
Now that we have covered Butane, Benzene, and Emery, we will focus on Monza.

37. Not in §
Monza is not listed in PBR , so we will have to look at PBR

38. Not in § Table
Monza is not listed in PBR , so we will have to look at the 1997 TLVs and BEIs.

39. 1997 TLVs and BEIs Not in 1997 TLVs and BEIs
Monza is not listed in the 1997 TLVs and BEIs.

40. § Rule Language (3)
Because Monza is not listed elsewhere, you will use § (a)(3) to authorize the emissions.

41. § (a)(3)
Excerpt from rule text § (a)(3):
(a)(3) Total new or increased emissions, including fugitives, shall not exceed 1.0 lb/hr of any chemical having a limit value (L) greater than 200 milligrams per cubic meter...
Because Monza is not listed elsewhere, you will use § (a)(3) to authorize the emissions.

42. Emissions Summary Table Monza
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945*
Emery 10
0.0719
0.315*
Monza
0.8
1.36
261(a)(3)
1.00
4.38
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945*
Emery 10
0.0719
0.315*
Pollutant
Actual lb/hr
Actual tpy
Rule
K value
L value
lb/hr max
tpy
max
Meets?
Butane
2.33
1.89
261(a)(2) --
6.00
10.00
Yes
Benzene
0.0211
0.003
262(a)(2)
139 3
0.0215
0.0945*
Emery 10
0.0719
0.315*

43. Speciation Summary Table
Image of the 261/262 speciation table.

44. Subchapter U – Tanks, Storage, and Loading (aka 470 Series)
Tanks, Storage, & Loading
§ §
New construction
New service of existing tank
Change of service
Subchapter U – Tanks, Storage, and Loading (aka 470 Series)
Subchapter U – Tanks, Storage, and Loading (aka 470 Series)

45. Tanks, Storage, and Loading §106.470-§106.478
Tanks, Storage, & Loading
§ §
Is the “tank memo” still in effect?
- Stacking PBRs 261/262
The “Storage Tank Construction Under Permit by Rule” memo can be found at
The “Storage Tank Construction Under Permit by Rule” memo can be found at
Per the Memo:
PBRs may be claimed to authorize handling of chemicals not considered or excluded from PBRs while construction of the tank will be authorized under PBRs PBRs cannot be used to circumvent control, distance, or registration requirements in PBRs

46. Tanks, Storage, and Loading more info
Tanks, Storage, & Loading
§ §
Calculation Methodology
Guidance
TANKS Software Program
MSS
Guidance for tank emissions calculations can be found at
TANKS Software can be found at
Flash, truck loading, fugitives, piping- YES it IS inherently implied in the rules
MSS:
- Can claim PBR
Image of calculator created by Creative Stall from The Noun Project.

47. Subchapter E – Aggregate & Pavement (aka 140 Series)
Calculation Methodology
AP-42
Throughput
Engines
Subchapter E – Aggregate and Pavement
Image of engine created by Ben Johnson from The Noun Project.

48. Aggregate & Pavement Particulate Limits
PM10 = 15 tpy
PM2.5 = 10 tpy
PM10 = particulate matter equal to or less than 10 microns in diameter
PM2.5 = particulate matter equal to or less than 2.5 microns in diameter
§106.4(a)(4) can be found at

49. Aggregate & Pavement Application
Include a plot plan, project description
RFC (site review) required
Distance limitations
RFC = Request for Comments

50. Stationary Engines & Turbines
Oil and Gas Sites
Oil and Gas PBRs
Handling & Production
Flares
§ Oil and Gas Handling and Production Facilities
§ Flares
§ Stationary Engines and Turbines
§ Planned Maintenance, Startup, and Shutdown (MSS) at Oil and Gas Handling and Production Facilities
Image of factory created by Creative Stall from The Noun Project.
MSS
Stationary Engines & Turbines

51. Barnett Shale Counties
The PBR for oil and gas handling and production facilities has different requirements based on location of the site and the date of construction/modification.
Barnett Shale Counties:
Cooke
Dallas
Denton
Ellis
Erath
Hill
Hood
Jack
Johnson
Montague
Palo Pinto
Parker
Somerville
Tarrant
Wise
The Railroad Commission (RRC) includes counties in their list of Barnett Shale Formation Counties that are not considered as part of this rule.

52. PBR Options – Location Handling & Production §106.352
In Barnett Shale Counties
New – § (a)-(k)
Existing – § (l)
Not in Barnett Shale Counties
New and Existing – § (l)
May voluntarily register under § (a)-(k)
Projects constructed/modified on or after April 1, 2011 are considered “new.”

53. §106.352 (l) §106.352 (l) Sweet: Sour (> 24 ppm H2S):
No registration required, meet § limits, and keep records
Sour (> 24 ppm H2S):
Registration required
¼ mile distance limit, 4.0 lb/hr limit of sulfur compounds, vent height requirements
ppm = parts per million
H2S = hydrogen sulfide
While not numerically first, § (l) is the most commonly used oil and gas site (OGS) PBR, so we will discuss this first.
(l) The requirements in this subsection are applicable to new and modified facilities, except those specified in subsection (a)(1) of this section. Any oil or gas production facility, carbon dioxide separation facility, or oil or gas pipeline facility consisting of one or more tanks, separators, dehydration units, free water knockouts, gunbarrels, heater treaters, natural gas liquids recovery units, or gas sweetening and other gas conditioning facilities, including sulfur recovery units at facilities conditioning produced gas containing less than two long tons per day of sulfur compounds as sulfur are permitted by rule, provided that the following conditions of this subsection are met. This subsection applies only to those facilities named, which handle gases and liquids associated with the production, conditioning, processing, and pipeline transfer of fluids found in geologic formations beneath the earth's surface.
NOTE: TCEQ definition of sour is 24 ppm. The RRC definition of sour is 100 ppm.

54. §106.352 (a-k) §106.352 (a-k) Notification: Registration: Permits
Prior to construction or implementation of changes
Registration:
Level 1 - Within 180 days from start of operation
Level 2 - Within 90 days from start of operation
Notification and registration through ePermits system.
ESL = effects screening level
NAAQS = National Ambient Air Quality Standards
H2S = hydrogen sulfide
SO2 = sulfur dioxide
NO2 = nitrogen dioxide
NOX = nitrogen oxides
E-Notify prior to construction or implementation of changes
Level 1 PBR register within 180 days from start of operation or implementation of changes
Level 2 PBR register within 90 days from start of operation or implementation of changes
Contaminants That Require Impacts Evaluation:
Benzene short-term ESL= 170 µg/m3, long-term ESL= 4.5 µg/m3
H2S NAAQS = 108 µg/m3
SO2 NAAQS = 196 µg/m3
NO2 NAAQS = 188 µg/m3
Evaluation Thresholds in lb/hr:
Benzene = 0.039
H2S = 0.025
SO2 = 2
NOX = 4
No impacts review necessary for a given contaminant if the lb/hr emissions are below what is stated in the slide.
No ESL review (for benzene) required if no receptor within specified distance of registration.
No ambient air quality standard review (for NO2, SO2, and H2S) required if no property line within specified distance of registration.
1/4 mile - PBR Level 1
1/2 mile - PBR Level 2
1 mile - Standard Permit

55. Flares and Engines Flares §106.492 Stationary Engines & Turbines
May be used in combination with § (l)
May require certification
Stationary Engines & Turbines §
hp = horsepower
A flare could require certification if it is being used to limit emissions for Title V Applicability.
An engine could require certification if it has been equipped with a catalyst in order to comply with a federal standard.
May be used in combination with § (l)
Registration if > 240 hp
May require certification

56. Case Study Handling & Production §106.352
For our case study, we will show how to properly calculate emissions for a vapor recover unit (VRU) with 95% runtime and 95% collection efficiency. It is assumed the uncontrolled emissions from the tanks is 100 tpy.

57. Case Study 5% Downtime Separator 100 tpy x 5% Downtime = 5 tpy lost
Compressor
Gas
Sales
Crude
Tank 1
Tank 2
Separator
Incoming Product
Crude Pipeline
Gas
Closed
for
Repairs
VRU
First, you must calculate vapor recovery unit (VRU) downtime before you can look at collection efficiency.
If the VRU downtime is 5% , it means that 5% of the year, the unit is down. While it is down, there is no collection and no control.
If the potential to emit (PTE) of the tanks is 100 tpy, the tanks will emit 5 tpy during VRU downtime.

58. Case Study – 95% Collection
95 tpy x 95% Collection = 4.75 tpy lost
Compressor
Gas
Sales
Crude
Tank 1
Tank 2
Separator
Incoming Product
Crude Pipeline
Gas
VRU
Now that you have determined what is lost during downtime, you can calculate what is emitted due to the collection efficiency.
If the vapor recovery unit (VRU) collection efficiency is 95%, it means 5% of the emissions are not collected and are lost while the unit is operating.
Since the downtime of the VRU is 5%, the tanks have already emitted 5 tpy. Thus, only 95 tpy of the tanks’ PTE is available to be collected. Since the collection efficiency is only 95%, the unit will not collect 4.75 tpy.
The tanks have lost a total of 9.75 tpy due to VRU downtime and collection efficiency.

59. 5 tpy lost due to downtime
§ Case Study
Case Study
Handling & Production §
100 tpy PTE
5 tpy lost due to downtime
4.75 tpy not collected
9.75 tpy lost
PTE = potential to emit

60. Application Technical Documents Preferred Order
Order of Documents
Application Technical Documents Preferred Order
1. Introduction
2. Table of Contents
3. Process and flow diagram
4. Summary of emissions
5. Emissions calculations
6. Impacts analysis/NAAQS
7. Rule applicability
8. Lab analysis/Supplemental
9. Maps
10.Tables
The preferred order for technical documents is:
Introduction
Table of Contents
Process and flow diagram
Summary of emissions
Emissions calculations
Impacts analysis/NAAQs
Rule applicability
Lab analysis/Supplemental information
Maps
Tables

61. Summary of Emissions Emissions Summary Table
VOC = volatile organic compound
NOX = nitrogen oxides
CO = carbon monoxide
PM10 = particulate matter equal to or less than 10 microns in diameter
PM2.5 = particulate matter equal to or less than 2.5 microns in diameter
SO2 = sulfur dioxide
Other = any other pollutants being emitting can be represented here. Common pollutants listed here are formaldehyde, benzene, H2S, etc.

62. Questions? Questions Numerical Index to Air Permits by Rule
The Numerical Index to Air Permits by Rule can be found at
The Air Permits Division can be reached by telephone at (512)
Image of questions created by Rico Reinhold from The Noun Project.
Numerical Index to Air Permits by Rule
Air Permits Division main line: (512)