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 ApplicationNew ProcessesPBRs = permits by rule
6 Using a PBR Quicker response time Lower fees ProsOther ConsiderationsNo circumventionNo partial permittingNo customizationLower feesFaster response timeQuicker response timeLower feesCannot customize – all or nothingCannot partially permit a processCannot circumvent permittingPBRs 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 regulationsRegistering – Submitting documentation to TCEQ and paying a feeCertification vs. RegistrationPI-7PI-7CERT or APD-CERTPI-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 – Facilities470 series – Tanks, Loading, Storage140 Series – Aggregate & Pavement§§ , 359, 492, 512 – Oil and Gas
10 §106.433 Enclosed vs. non-enclosed surface coating 13 tpy VOC vs. 25 tpy VOCExempt solventsProcess MSS vs. non-process MSStpy = tons per yearVOC = volatile organic compoundMSS = maintenance, start-up, and shutdown
11 §106.433 MSDS: technical and air quality data Calculations Surface Coating Facilities GuideCalculation Spreadsheet for Estimating EmissionsChapter 115, Federal Standards, MSSMSDS = Material Safety Data SheetThe surface coating guide can be found atThe surface coating spreadsheet can be found at
15 §106.261 and §106.262 Only use when there is not a more specific rule Account for all upstream/downstream impactsMSSRepresent all associated NSR PermitsCertify major sitesNSR = New Source ReviewIf 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 IssuesCan you use current version of TLV?Annual submittalEasier, cheaper when prepared all togetherWe allow “portable” annual notificationsif each site < 5 tpyTLV = Threshold Limit ValueThe 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 hourNettingIs it okay to exceed permitted allowable?lb/hr = pound per hourE = maximum allowable hourly emission, and never to exceed 6 lb/hrL = value as listed or referenced in Table 262 of Chapter 106K = pre-determined value from Figure 1: 30 TAC § (a)(2) of Chapter 106 and based on distance to the nearest off-property receptorCan 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.
19 §106.470 - §106.478 Authorizes: Is “tank memo” still in effect? New constructionNew service of existing tankChange of serviceIs “tank memo” still in effect?Using PBRs § and §The “Storage Tank Construction Under Permit by Rule” memo can be found atPer 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 §§
21 §106.141- §106.150 Calculations: AP-42 and throughput Using engines? PM10 limit = 15 tpyPM2.5 limit = 10 tpyInclude a project descriptionPM10 = particulate matter equal to or less than 10 microns in diameterPM2.5 = particulate matter equal to or less than 2.5 microns in diameterAP-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) requiredDistance limitationsRFC = Request for Comments
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 countiesNew & existing – 30 TAC § (l)May voluntarily register under § (a)-(k)30 TAC = Title 30 Texas Administrative CodeProjects 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 recordsSour (> 24 ppm H2S):Registration required¼ mile distance limit, 4.0 lb/hr limit of sulfur compounds, vent height requirementsppm = parts per millionH2S = hydrogen sulfidelb/hr = pounds per hourWhile 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 systemNotification - Prior to construction or implementation of changesRegistrationLevel 1 - Within 180 days from start of operationLevel 2 - Within 90 days from start of operationESL = effects screening levelNAAQS = National Ambient Air Quality StandardsH2S = hydrogen sulfideSO2 = sulfur dioxideNO2 = nitrogen dioxideNOX = nitrogen oxidesE-Notify prior to construction or implementation of changesLevel 1 PBR register within 180 days from start of operation or implementation of changesLevel 2 PBR register within 90 days from start of operation or implementation of changesContaminants That Require Impacts Evaluation:Benzene short-term ESL= 170 µg/m3, long-term ESL= 4.5 µg/m3H2S NAAQS = 108 µg/m3SO2 NAAQS = 196 µg/m3NO2 NAAQS = 188 µg/m3Evaluation Thresholds in lb/hr:Benzene = 0.039H2S = 0.025SO2 = 2NOX = 4No 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 11/2 mile - PBR Level 21 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 hphp = horsepowerA 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 letterCore Data FormPI-7, PI-7-CERT, APD-CERTCopy of check or ePay voucherThere 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 applicabilityFederal applicabilityControl/destruction efficiency claimsOperating hoursThe 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 IntroductionTable of ContentsProcess and flow diagramSummary of emissionsEmission calculationsImpact analysis/NAAQSApplicabilityLab analysisMapsTables
34 Summary of Emissions EPN = emission point number VOC = volatile organic compoundNOX = nitrogen oxidesCO = carbon monoxidePM10 = particulate matter equal to or less than 10 microns in diameterPM2.5 = particulate matter equal to or less than 2.5 microns in diameterSO2 = sulfur dioxide
35 Application Technical Documents Preferred Order IntroductionTable of ContentsProcess and flow diagramSummary of emissionsEmission calculationsImpact analysis/NAAQSApplicabilityLab analysisMapsTablesIn 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 atThree criteriaReservoir/formationAPI gravityProcess/treatmentAPI = American Petroleum InstituteThe § webpage can be found at
37 Application Technical Documents Preferred Order IntroductionTable of ContentsProcess and flow diagramSummary of emissionsEmission calculationsImpact analysis/ NAAQSApplicabilityLab analysisMapsTablesThe last two items (in preferred order) for the technical application include maps and tables.
39 Enhanced Application Review (E.A.R.) PurposenotificationExpectationsApproval 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 TableGas and liquid analysisEmission calculations/ documentationSour site < ¼ mile(for § (l) only)RO signature matches (certifications only)Flash calculationsResponse to a VOID and not all issues addressedNOX NAAQS compliance(§ only)Justification for DRE above default allowablesRO = responsible officialNOX = nitrogen oxidesNAAQS = National Ambient Air Quality StandardsDRE = destruction removal efficiencyIf 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 isThe Air Permits Division can be reached by telephone at (512)Air Permits main line: (512)