1. Common Permit by Rule Authorizations in Texas
Joe Shine Air Permits Division Texas Commission on Environmental Quality Environmental Trade Fair 2014

2. Permit by Rule 106.A3168 Alchemy
Definition - the ability to transform base metals into the noble metals (gold or silver)
This slide contains complete nonsense.

3. Alchemy
This slide contains complete nonsense.

4. Permit by Rule 106.A3168 Alchemy
Rule language – Equipment and facilities used for the process of alchemy is permitted by rule.
This slide contains complete nonsense.

5. Today’s Topics General Information About Using PBRs Most Common PBRs
What to Include in the Application
New Processes
PBRs = permits by rule

6. Using a PBR Quicker response time Lower fees
Pros
Other Considerations
No circumvention
No partial permitting
No customization
Lower fees
Faster response time
Quicker response time
Lower fees
Cannot customize – all or nothing
Cannot partially permit a process
Cannot circumvent permitting
PBRs can be found in Title 30 of the Texas Administrative Code, Chapter 106.
Meetings with Rule and Registrations (R&R) staff prior to submittals is encouraged if using PBR(s) at major sites.

7. Using a PBR Claiming vs. Registering Certification vs. Registration
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
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.

8. Most Common PBRs §106.433 – Surface Coating
§ – Dry Abrasive Cleaning
§ /262 – Facilities
470 series – Tanks, Loading, Storage
140 Series – Aggregate & Pavement
§§ , 359, 492, 512 – Oil and Gas

9. Surface Coating

10. §106.433 Enclosed vs. non-enclosed surface coating
13 tpy VOC vs. 25 tpy VOC
Exempt solvents
Process MSS vs. non-process MSS
tpy = tons per year
VOC = volatile organic compound
MSS = maintenance, start-up, and shutdown

11. §106.433 MSDS: technical and air quality data Calculations
Surface Coating Facilities Guide
Calculation Spreadsheet for Estimating Emissions
Chapter 115, Federal Standards, MSS
MSDS = Material Safety Data Sheet
The surface coating guide can be found at
The surface coating spreadsheet can be found at

12. Dry Abrasive Cleaning

13. §106.452 Enclosed vs. non-enclosed Blast media Distance limits
Usage limits
MSS
PBR § typically goes hand-in-hand with PBR §
As applicable, MSS may also be authorized under PBR §

14. Facilities

15. §106.261 and §106.262 Only use when there is not a more specific rule
Account for all upstream/downstream impacts
MSS
Represent all associated NSR Permits
Certify major sites
NSR = New Source Review
If you cannot meet a section of another more appropriate PBR, you cannot use PBRs § or § instead. 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 261/262 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?

16. § and § Common Issues
Can you use current version of TLV?
Annual submittal
Easier, cheaper when prepared all together
We allow “portable” annual notifications
if each site < 5 tpy
TLV = Threshold Limit Value
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.
NOTE: break out each project to make sure Prevention of Significant Deterioration, Nonattainment, etc. were never triggered.

17. §106.261 and §106.262 Limits 6 lb/hr & 10 tpy 1 lb/hr & 4.38 tpy E=L/K
Net increase on new hour
Netting
Is it okay to exceed permitted allowable?
lb/hr = pound per hour
E = maximum allowable hourly emission, and never to exceed 6 lb/hr
L = value as listed or referenced in Table 262 of Chapter 106
K = pre-determined value from Figure 1: 30 TAC § (a)(2) of Chapter 106 and based on distance to the nearest off-property receptor
Can you use 261/262 to increase a permit allowable? Yes, if the NSR permit does not prohibit it and you can meet the appropriate limits of 261/262.

18. Tanks, Storage, and Loading
470 series of PBRs

19. §106.470 - §106.478 Authorizes: Is “tank memo” still in effect?
New construction
New service of existing tank
Change of service
Is “tank memo” still in effect?
Using PBRs § and §
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 §§

20. Aggregate & Pavement
140 series of PBRs

21. §106.141- §106.150 Calculations: AP-42 and throughput Using engines?
PM10 limit = 15 tpy
PM2.5 limit = 10 tpy
Include a project description
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
AP-42 can be found at
§106.4(a)(4) can be found at

22. §106.141- §106.150 MSS: process vs. non-process Include a plot plan
RFC (site review) required
Distance limitations
RFC = Request for Comments

23. Oil and Gas Sites

24. Oil and Gas §106.352 - 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

25. PBR Options – Location Not in Barnett Shale counties
New – 30 TAC § (a)-(k)
Existing – 30 TAC § (l)
Not in Barnett Shale counties
New & existing – 30 TAC § (l)
May voluntarily register under § (a)-(k)
30 TAC = Title 30 Texas Administrative Code
Projects constructed/modified on or after April 1, 2011 are considered “new.”

26. 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.
The Railroad Commission (RRC) includes counties in their list of Barnett Shale Formation Counties that are not considered as part of this rule.

27. §106.352(l) §106.352 (l) Sweet: Sour (> 24 ppm H2S):
No registration required, meet §106.4 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
lb/hr = pounds per hour
While not numerically first, § (l) is the most commonly used 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.

28. § (a-k)
§ (a-k)
Notification and registration through ePermits system
Notification - 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
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

29. § and § §
May be used in combination with § (l)
May require certification §
May be used in combination with § (l)
Requires registration if > 240 hp
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.

30. Submitting the Application
So you want to use one of our popular PBRs. Now what?

31. Application Admin. Documents Preferred Order
Cover letter
Core Data Form
PI-7, PI-7-CERT, APD-CERT
Copy of check or ePay voucher
There is a “Fact Sheet – Tips for a Speedy Administrative Review,” which can be found at

32. When Do I Need to Certify?
Emission limitations for Title V applicability
Federal applicability
Control/destruction efficiency claims
Operating hours
The most common reasons companies voluntarily certify or are asked to certify a project by a permit reviewer are to:
Set emissions limits so as not to trigger Title V applicability.
Demonstrate compliance with or exemption from federal applicability.
Certify the control or destruction efficiency claims being made.
An example of this could be if you are controlling your tanks with a flare that has a 98% destruction efficiency. You would be asked to certify to that the claimed efficiency will be met.
Limit the operating hours below 8760 hours/year.
An example of this could be if you were limiting the run time of a compressor to 2000 hours instead of 8760.
Above is only a partial list of the most common reasons companies voluntarily certify or are asked to certify a project by a permit reviewer.
The full list can be found on the PI-7-CERT or APD-CERT Form(s).
Prior to submitting an application, please verify a certification is not required.
Failure to certify a project that requires it will only result in delays.

33. Application Technical Documents Preferred Order
Introduction
Table of Contents
Process and flow diagram
Summary of emissions
Emission calculations
Impact analysis/NAAQS
Applicability
Lab analysis
Maps
Tables

34. Summary of Emissions EPN = emission point number
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

35. Application Technical Documents Preferred Order
Introduction
Table of Contents
Process and flow diagram
Summary of emissions
Emission calculations
Impact analysis/NAAQS
Applicability
Lab analysis
Maps
Tables
In addition to the introduction, process and flow diagram, and summary of emissions, the next items needed in the application (in preferred order) are: emission calculations, the impact analysis/NAAQS, demonstration of meeting the rules that are being applied for, and the lab analysis.

36. Lab Analysis Site Specific/Representative
Guidance at
Three criteria
Reservoir/formation
API gravity
Process/treatment
API = American Petroleum Institute
The § webpage can be found at

37. Application Technical Documents Preferred Order
Introduction
Table of Contents
Process and flow diagram
Summary of emissions
Emission calculations
Impact analysis/ NAAQS
Applicability
Lab analysis
Maps
Tables
The last two items (in preferred order) for the technical application include maps and tables.

38. New Processes and Changes

39. Enhanced Application Review (E.A.R.)
Purpose
notification
Expectations
Approval letter will be sent through unless specified otherwise.
The will ask :
If the company has already completed the project.
If the company is waiting for a response before it starts construction.
If there are any updates to the application you/the company would like to submit before it is assigned to a reviewer.
If you/the company would like a hard copy mailed to you.

40. Auto Deficiency Begins 6/1/2014: All Applications Oil & Gas Specific
Emissions Summary Table
Gas and liquid analysis
Emission calculations/ documentation
Sour site < ¼ mile
(for § (l) only)
RO signature matches (certifications only)
Flash calculations
Response to a VOID and not all issues addressed
NOX NAAQS compliance
(§ only)
Justification for DRE above default allowables
RO = responsible official
NOX = nitrogen oxides
NAAQS = National Ambient Air Quality Standards
DRE = destruction removal efficiency
If the application should include any of the information in the table, and it is not included – the project will be VOIDED and a VOID LETTER will automatically be sent out via AIROG.
With this new change, it is very important that the pages in your application are clearly labeled and that you include an accurate table of contents.

41. Air Permits main line: (512) 239-1250
Questions?
The address for oil and gas issues is
The Air Permits Division can be reached by telephone at (512)
Air Permits main line: (512)