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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 106PERMITS BY RULE
SUBCHAPTER XWASTE PROCESSES AND REMEDIATION
RULE §106.533Remediation

(a) Applicability. Equipment used to extract, handle, process, condition, reclaim, or destroy contaminants for the purpose of remediation is permitted by rule, provided that all the following conditions of this section are satisfied.

(b) Scope. The following terms apply to this section.

  (1) Affected property--The entire area, including on-site and off-site and including all environmental media, that contains releases of chemicals of concern.

  (2) Affected sources--Include, but are not limited to, stockpiles of contaminated/remediated materials/soils and surface impoundments.

  (3) Dry cleaning compounds--Include the following chlorinated and non-chlorinated dry cleaning solvents used in the cleaning of garments or other fabrics:

    (A) perchloroethylene, also known as tetrachloroethylene, and its degradation products, including trichloroethylene, 1,2-dichloroethylene, and vinyl chloride;

    (B) petroleum-based solvents such as Stoddard Solvent, naphtha, and other petroleum distillates;

    (C) hydrocarbons and synthetic hydrocarbons such as DF-2000TM fluid, EcoSolvTM , PureDryTM , or the equivalent;

    (D) silicone-based solvents containing decamethylcyclopentasiloxane; and

    (E) other nonaqueous solvents such as carbon tetrachloride, dipropylene glycol tertiary butyl ether, 1,1,1-trichloroethane, and 1,1,2-trichloro-1,1,2-trifluoroethane.

  (4) Effects screening levels (ESLs)--Values used by the commission to evaluate the potential for effects that may occur as a result of exposure to concentrations of constituents in the air. The ESLs are based on data concerning health effects, odor nuisance potential, effects with respect to vegetation, and corrosion effects. ESL updates, which are published periodically, were last revised October 1, 2003.

  (5) Facility--A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a stationary source. Once a remediation facility is at a site, all remediation equipment and related sources are covered by this section. Facilities include, but are not limited to, control devices, tanks, containers, liquid separators, material transfer systems, vacuum pumps, and associated components and connecting piping, but do not include below-ground pilot wells or well tests when no additional aboveground equipment is used. An extraction well used during a remediation project is considered a facility, not a well test.

  (6) Off-site receptor--Any recreational area, residence, commercial/industrial facility, or other normally occupied structures not used solely by the owner or operator of the facilities or the owner of the site upon which the facilities are located. Measurements of distances to determine compliance with this distance restriction must be taken toward structures that are in use as of the date that a notification is filed with the commission.

  (7) Petroleum compounds--Solids, liquids, or gases produced from natural formations of crude oil, tar sands, shale, coal, and natural gas; or refinery fuel products (which may contain additives).

  (8) Remediation--An act or process taken to reduce or eliminate contaminants in the environment. This process may include, but is not limited to, assessment or treatment activities such as air, soil, or water sampling, or pilot tests, treatment, or post-clean-up activities that use facilities.

(c) General requirements. The following general requirements apply to this section.

  (1) Applicability. This section covers only remediation performed at the affected property on a given site where the original contamination occurred, or at a nearby site secondarily affected by the contamination. This section does not cover any treatment facility where materials are brought in from another site or facilities unrelated to remediation. Such treatment facilities are subject to §116.110 of this title (relating to Applicability) and must obtain an air new source review permit.

  (2) Contaminants. The identification of the contaminants at a site must be accomplished using the methodology specified by the applicable remediation program and the United States Environmental Protection Agency (EPA) or commission-approved method.

  (3) Controls. The selection of appropriate equipment for remediation, at a minimum, must meet the methodology approved by the applicable remediation program (e.g., Petroleum Storage Tank (PST) Program, Voluntary Cleanup Program, Superfund, etc.). Use of any control device may be discontinued when the influent concentrations show that the facility can meet the appropriate emission limits without controls.

  (4) Elevated vents. The height of any vents associated with the remediation must be at least ten feet above ground level.

  (5) Multiple facilities at a site. There may be multiple remediation facilities at a site. However, each remediation facility must be separated from all other remediation facilities by a distance of at least 100 feet. Any individual facilities not separated by this distance must be combined and treated as a single facility for purposes of meeting the conditions of this section.

  (6) Nuisance. The handling, processing, and stockpiling of any materials associated with facilities under this section must not cause a nuisance as defined in §101.4 of this title (relating to Nuisance).

  (7) Operations. Wherever this section specifies that an action be performed periodically (e.g., weekly), the requirement applies only when the equipment is in operation for that period.

  (8) Spills. Air emissions resulting from emergency containment and removal of soil or water from spills must comply with Chapter 101 of this title (relating to General Air Quality Rules) and are not authorized by this section.

  (9) Visible emissions. Compliance with this requirement will be determined by use of EPA Test Method 22, found in 40 Code of Federal Regulations, Part 60, Appendix A, as published in the February 12, 1999 issue of the Federal Register. There will be no visible emissions leaving the site for a period exceeding 30 seconds in any six-minute period from the following operations:

    (A) handling, processing (screening, crushing, etc.), groundwater air stripping, and stockpiling of contaminated soil;

    (B) handling, stockpiling, and in-situ chemical oxidation of groundwater and soils; and

    (C) conditioning (adding moisture) of remediated soil.

(d) Requirements for sites contaminated only with petroleum compounds. For the remediation of sites contaminated only with petroleum compounds, the following requirements must be met.

  (1) For facilities with an off-site receptor within 100 feet:

    (A) if a control device meeting the conditions of subsection (g) of this section is used, the total emissions from each facility must meet the following emission limits:

      (i) total petroleum hydrocarbons must not exceed 1.0 pound per hour (lb/hr);

      (ii) the benzene component must not exceed 0.1 lb/hr; and

      (iii) the hydrogen sulfide component (for non fuel-dispensing sites) must not exceed 0.1 lb/hr; and

    (B) when a control device is not used, the total emissions from each facility must meet the following emission limits:

      (i) the total petroleum hydrocarbons must not exceed 0.1 lb/hr;

      (ii) the benzene component must not exceed 0.01 lb/hr; and

      (iii) the hydrogen sulfide component (for non fuel-dispensing sites) must not exceed 0.01 lb/hr.

  (2) For facilities with equal to or greater than 100 feet to the nearest off-site receptor, emissions from all point sources are limited to the following:

    (A) total petroleum hydrocarbons are limited to 1.0 lb/hr;

    (B) the benzene component must meet the emissions and distance requirements of §106.262 of this title (relating to Facilities (Emission and Distance Limitations));

    (C) the hydrogen sulfide component (for non fuel-dispensing sites) must meet the emissions and distance requirements of §106.262 of this title;

  (3) For all sites regulated by this section to which the agency's PST remediation and/or reimbursement requirements are applicable, sampling and lab analysis of influent and effluent vapors must be performed at least monthly to demonstrate compliance with the control equipment efficiency and/or emission rate limits of this section, and with any related PST requirements, unless an alternative evaluation method is approved by the applicable agency remediation program.

(e) Requirements for sites contaminated only with dry cleaning compounds. For the remediation of sites contaminated only with dry cleaning compounds, the following requirements must be met.

  (1) For facilities with an off-site receptor within 100 feet, emissions of each individual compound from each facility must meet the following emission limits:

    (A) if a control device meeting the requirements of subsection (g) of this section is used, §106.261 of this title (relating to Facilities (Emission Limitations)) or §106.262 of this title (assuming 100 feet), whichever is more stringent;

    (B) if a control device is not used, 10% of the values determined by subparagraph (A) of this paragraph;

    (C) the maximum allowable emission rate limit for any individual compound must be 0.04 lb/hr, regardless of the control method unless §106.261 or §106.262 of this title specify a higher emission rate.

  (2) For facilities with equal to or greater than 100 feet to the nearest off-site receptor, emissions of each individual compound from each facility must meet the emissions and distance requirements of §106.261 and §106.262 of this title. The maximum emission rate limit for any individual compound must be 0.04 lb/hr, regardless of the control method unless §106.261 or §106.262 of this title specify a higher emission rate.

  (3) If a control device is needed to meet the emission limits of this section, only a carbon adsorption system (CAS) that meets the requirements of subsection (g) of this section may be used.

  (4) Additional technical and administrative requirements for the remediation of dry cleaning sites may be found in Texas Health and Safety Code, §§374.001 - 374.253.

(f) Requirements for all other sites and affected properties. For the remediation of sites not covered by subsections (d) or (e) of this section, the following requirements must be met.

  (1) The emission rates are limited to the following requirements.

    (A) Hourly emissions of each individual organic and inorganic compound from each facility (other than products of combustion) must meet the most stringent of the following:

      (i) §106.261 of this title;

      (ii) §106.262 of this title; or

      (iii) if not specifically listed in §106.262 of this title and is on the ESL list, effective October 1, 2003, with a short-term ESL for the compound of less than or equal to 100 micrograms per cubic meter (µg/m3 ) but greater than or equal to 2 µg/m 3 , emissions may not exceed 0.04 lb/hr. If the short-term ESL for the compound is less than 2 µg/m3 , emissions may not exceed 0.01 lb/hr.

    (B) Total annual emissions of each organic or inorganic compound are limited to five tons per year for each facility.

  (2) If a control device is needed to meet the emissions limits of this section, the device must satisfy the appropriate conditions listed under subsection (g) of this section.

  (3) All emission points and area sources associated with each facility must be located at least 100 feet from any off-site receptor.

(g) Control devices. When a control device is used at a facility, the device must satisfy one of the following conditions. If a thermal control device is used, the products of fuel combustion (nitrogen oxides, sulfur dioxide, carbon monoxide, volatile organic compounds (VOC), or total inhalable particulate matter) are authorized if the facility is operated in compliance with this section, and all control devices must comply with applicable opacity restrictions in Chapter 111 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter).

  (1) Direct-flame combustion. The vapors may be burned in a direct-flame combustion device (incinerator, furnace, boiler, heater, or other enclosed direct-flame device) that meets the following requirements.

    (A) Design requirements. Each direct-flame combustion device must be automatically controlled to maintain a minimum temperature of 1,400 degrees Fahrenheit or higher in the combustion chamber (secondary chamber, if dual-chamber) and have a gas retention time of 0.5 second or greater.

    (B) Operational restrictions. The temperature of the device must be maintained at a minimum of 1,400 degrees Fahrenheit.

    (C) Compliance demonstrations. Continuous temperature monitors to record the temperature of the combustion chamber (secondary chamber, if dual-chamber) must be installed and maintained. Records of temperature data must be maintained.

  (2) Flare. The vapors may be burned in a flare that meets the following requirements.

    (A) Design requirements.

Cont'd...

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