Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 106 - PERMITS BY RULE
Subchapter X - WASTE PROCESSES AND REMEDIATION
Section 106.533 - Remediation
Universal Citation: 30 TX Admin Code § 106.533
Current through Reg. 49, No. 52; December 27, 2024
(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.
(i) The flare must be equipped with a flare
tip designed to provide good mixing with air, flame stability, and meet the
most stringent of either §
106.492 of this
title (relating to Flares); or 40 Code of Federal Regulations (CFR) §60.18,
General Control Device Requirements (as published in the October 17, 2000 issue
of the Federal Register.
(ii) The flare must be equipped with a
continuously burning pilot or other automatic ignition system that assures gas
ignition and provides immediate notification of appropriate personnel when the
ignition system ceases to function.
(B) Operational restrictions. Under no
circumstances may liquids be burned in the flare.
(C) Compliance demonstrations. Visible
emissions must not be permitted for more than five minutes in any two-hour
period.
(3) Catalytic
oxidizer. The vapors may be burned in a catalytic oxidizer that meets the
following requirements.
(A) Design
requirements. The design destruction efficiency of the catalytic oxidizer must
be at least 90% for the contaminants at the site.
(B) Operational restrictions. The appropriate
catalyst must be used depending on the type of contaminants in accordance with
the manufacturer's guidelines.
(C)
Compliance demonstrations. An evaluation of oxidizer effectiveness must be made
initially (within two hours of startup), and at least weekly, using a portable
flame ionization detection (FID) or photo-ionization detector (PID) in
conjunction with a flow meter to determine the quantity of carbon compounds in
the inlet and outlet of the catalytic oxidizer and to demonstrate compliance
with the emission rate limits of this section. The FID or PID instrument chosen
must be capable of properly detecting the types of contaminants present.
Records of oxidizer effectiveness must be maintained.
(4) Internal combustion engine. The vapors
may be burned in an internal combustion engine that meets the following
requirements.
(A) Design requirements. The
design destruction efficiency of the internal combustion engine must be at
least 99% for the contaminants at the site.
(B) Operational restrictions. Chlorinated or
sulfur compounds must not be burned in these facilities.
(C) Compliance demonstrations. An evaluation
of engine effectiveness must be made initially (within two hours of startup)
and at least weekly, using a PID or FID in conjunction with a flow meter to
determine the quantity of carbon compounds in the inlet gas stream and the
engine exhaust, and to demonstrate compliance with the emission rate limits of
this section. The FID or PID instrument chosen must be capable of properly
detecting the types of contaminants present. Records of engine effectiveness
must be maintained.
(5)
CAS. The vapors may be routed through a CAS consisting of at least two
activated carbon canisters that are connected in a series. The system must meet
the following additional requirements.
(A)
Design requirements. Prior to the use of a CAS at a site, there must be a
demonstration that activated carbon is an appropriate choice for control of the
contaminants at the site.
(B)
Operational restrictions. The CAS must be operated to minimize breakthrough and
maintain compliance with the emission limits of this section. When the VOC
breakthrough is detected in the outlet of the initial canister, the waste gas
flow must be switched to the second canister immediately. Within four hours of
detection of breakthrough, a fresh canister must be placed as the new final
polishing canister. Sufficient fresh activated carbon canisters must be
maintained at the site to ensure fresh polishing canisters are installed within
four hours of detection of breakthrough.
(C) Compliance demonstrations.
(i) The CAS must be sampled initially (within
two hours of startup) and periodically to determine breakthrough. Breakthrough
is defined as a measured VOC concentration of 100 parts per million by volume
(ppmv) in the outlet of the initial canister. The sampling point must be at the
outlet of the initial canister, but before the inlet to the second or final
polishing canister. Sampling must be performed while venting maximum emissions
to the CAS (e.g., during loading of tank trucks, during tank filling, during
process venting). The CAS must be monitored on a weekly basis or 20% of the
design carbon replacement interval, whichever is less.
(ii) An FID or PID instrument capable of
properly detecting the types of contaminants present must be used for VOC
sampling.
(iii) At dry cleaning
remediation sites, additional sampling to determine total organics and
speciated chlorinated compounds is required initially (within two hours of
startup) and at least monthly.
(h) Fugitive emissions when no control device is used for remediation. In the cases where emission releases are not directly emitted from a control device or stack which can be sampled, compliance must be demonstrated by the use of a PID or FID initially and at least on a weekly basis. The FID or PID instrument chosen must be capable of properly detecting the types of contaminants present. Measurement should occur as close as possible to the remediation activity, but no further away than the nearest property line. The concentration measured must be equal to or less than the specific air contaminant's ESL. If an ESL is exceeded, remediation must cease until corrective action restores the concentration to below ESL values. The conversion from PID and FID devices to ESLs must use the following formula.
(i) Other regulatory requirements.
(1) Voluntary
Cleanup Program. A state or local permit is not required for remediation
conducted on a site as part of a voluntary cleanup. A voluntary cleanup must be
coordinated with ongoing federal and state hazardous waste programs. The
persons conducting a voluntary cleanup shall comply with any federal or state
standard, requirement, criterion, or limitation that the remediation would
otherwise be subject if a permit were required (see Texas Health and Safety
Code, §
361.611).
(2) Superfund Cleanup Program. A state or
local permit is not required for remediation conducted on a site as part of a
Superfund project. A Superfund project must be coordinated with ongoing federal
and state hazardous waste programs. The persons conducting a cleanup shall
comply with any federal or state standard, requirement, criterion, or
limitation that the remediation would otherwise be subject if a permit were
required (see Texas Health and Safety Code, §
361.196).
(3) Local restrictions. This section does not
exempt these facilities from any local government regulations or other local
government requirements, permits, registrations, or other authorizations
required by local authorities.
(4)
State regulations. This section does not exempt remediation equipment from any
additional state regulations.
(5)
Federal air regulations. Compliance with all applicable federal requirements
must be satisfied, including air standards and requirements for hazardous air
pollutants under 40 CFR Part 63, National Emission Standards for Hazardous Air
Pollutants for Source Categories, Subpart GGGGG, National Emission Standards
for Hazardous Air Pollutants: Site Remediation, effective October 8,
2003.
(j) Administrative requirements.
(1) Notification. Before
starting remediation (pilot test or treatment), the owner or operator shall
notify the commission in writing using the Standard Permit/Permit by Rule
Relocation Form. Notifications for multiple sites that are part of the same
affected property may be submitted at the same time in accordance with the
following requirements.
(A) The notification
is not subject to the requirements of §
106.50
of this title (relating to Registration Fees for Permits by Rule) or Chapter 60
of this title (relating to Compliance History).
(B) Notifications must be sent to the
appropriate commission regional office, any local air pollution control program
having jurisdiction over the site, and appropriate remediation program.
Notifications must include a return receipt of delivery.
(C) Pilot test notifications must be received
by those listed in subparagraph (B) of this paragraph prior to commencement of
activities.
(D) Updated or
additional notification must be received by those listed in subparagraph (B) of
this paragraph prior to commencement of treatment activities and must contain
specific information concerning the basis (measured or calculated) for the
expected emissions from the facility. The notification must also explain
details as to why the control device can be expected to perform as
represented.
(E) Any remediation
project that changes or eliminates a represented control device during the
lifetime of the project must update those listed in subparagraph (B) of this
paragraph by filing an amended notification as soon as practicable after the
change and after confirmation with the appropriate remediation
program.
(2) Records. To
demonstrate compliance with this section and with §
106.8 of
this title (relating to Recordkeeping), owners and operators of remediation
equipment must, at a minimum, meet the following requirements.
(A) Records required by this section must be
maintained at the site or at the nearest staffed location, and made available
upon request to personnel from the commission or any local agency having
jurisdiction over the site.
(B) The
following minimum records of sampling or monitoring must be maintained:
(i) sample time and date;
(ii) monitoring results (ppmv);
(iii) corrective action taken, including the
time and date of the action;
(iv)
process operations occurring at the time of sampling;
(v) records of compliance with the emission
rate limits of this section;
(vi) a
record of the demonstration that the chosen control method is an appropriate
choice for the site; and
(vii) a
record of the return receipt demonstrating notification to the appropriate
regional office, local air pollution control programs having jurisdiction over
the site, and appropriate remediation program.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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