| Regulations Applicable to Air Quality | |||||||||
| Code | TX Citation | FED Citation | UTA Policy | Name of Regulation | Description of Regulation | Task Definition | Contact Person | Trigger Date | Deadline Date |
| AQ -1 | 30 TAC 106 | CAA Title I Sec 111 | New source performance standard | Section 111 of the Clean Air Act authorized the EPA to develop
technology based standards which apply to specific categories of stationary
sources. These standards are referred to as New Source Performance Standards
(NSPS) and are found in 40 CFR Part 60. The NSPS apply to new, modified and
reconstructed affected facilities in specific source categories such as
manufacturers of glass, cement, rubber tires and wool fiberglass. As of 2005,
there were approximately 75 NSPS. |
The NSPS are developed and implemented by EPA and are delegated to the states. However, even when delegated to the states, EPA retains authority to implement and enforce the NSPS. | Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 2 | 30 TAC 115 | NAAQS | Volatile organic compounds emissions | Dust and other particulate matter, not emanating from a stack.
As documented under various EPA regulations (NESHAP, NSPS, HON, and MACT),
fugitive emissions of hazardous air pollutants (HAPs) from affected facility
equipment must be monitored on a routine and continuous basis as part of a
facility's leak detection and repair program (LDAR). In particular, these
regulations specify Federal Reference Method (FRM) 21 as a procedure for
identifying fugitive leaks of volatile hazardous air pollutant (VHAP) from
valves, pumps, compressors, relief valves, connectors, flanges and various
other pieces of equipment within a process. Equipment leak standards as
identified in the regulations are designed to reduce volatile organic
compound (VOC) and VHAP emissions from various components within the process.
|
No person may permit the emission into the outdoor atmosphere of
a fugitive air contaminant from a source other than the following: - Construction or demolition of buildings or structures. - Grading, paving and maintenance of roads and streets. - Use of roads and streets. Emissions from material in or on trucks, railroad cars and other vehicular equipment are not considered as emissions from use of roads and streets. - Clearing of land. - Stockpiling of materials. - Open burning operations. - Blasting in open pit mines. Emissions from drilling are not considered as emissions from blasting. - Coke oven batteries, provided the fugitive air contaminants emitted from any coke oven battery -Use, where possible, of water or chemicals for control of dust in the demolition of buildings or structures, construction operations, the grading of roads or the clearing of land. - Application of asphalt, oil, water or suitable chemicals on dirt roads, material stockpiles and other surfaces which may give rise to airborne dusts. -Paving and maintenance of roadways. - Prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water, or other means. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 3 | 30 TAC 111.121 | Particulate Matter | Particulate matter (PM) emissions | Dust and particulate matter from a stack (ex. boilers and incinerators) | Combustion units: -The rate of 0.4 pound per million Btu of heat input, when the heat input to the combustion unit in millions of Btus per hour is greater than 2.5 but less than 50. -The rate determined by the following formula: A = 3.6E-0.56 -The rate of 0.1 pound per million Btu of heat input when the heat input to the combustion unit in millions of Btus per hour is equal to or greater than 600. Incinerators: -No person may permit the emission to the outdoor atmosphere of particulate matter from any incinerator, at any time, in such a manner that the particulate matter concentration in the effluent gas exceeds 0.1 grain per dry standard cubic foot, corrected to 12% carbon dioxide. Outdoor wood-fired boilers: - Extend a minimum of 10 feet above the ground. - Be installed according to the manufacturer’s specifications. Allowed fuels: - Clean wood. - Wood pellets made from clean wood. - Home heating oil, natural gas or propane that: Complies with all applicable sulfur limits; Is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 4 | 30 TAC 112 | 40 CFR 60.43Da | Sulfur from combustion units | Fuel sulfur limits for boilers and incinerators | No person
may cause, suffer, allow, or permit emissions of sulfur dioxide (SO2 ) from
any liquid fuel-fired steam generator, furnace, or heater to exceed 440 parts
per million by volume (ppmv) at actual stack conditions and averaged over a
three-hour period. Solid fossil fuel-fired steam generators of greater than 250 MMBtu heat input per hour which are equipped with SO2 control equipment shall be equipped with a continuous emissions monitoring system (CEMS) for SO2 . The CEMS shall be installed, calibrated, and operated as specified in 40 Code of Federal Regulations Part 51, Appendix P. -Sulfuric acid plants of greater than 300 tons per day production capacity, with production expressed as 100% acid, and to which this section applies, shall be equipped with a CEMS for SO[sub]2[/sub]. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 5 | 30 TAC 111 | 40 CFR 60.11 (e)(5) | Visible emissions (opacity) | Visible emissions emanating from a stack | No person may cause, suffer, allow, or permit visible emissions
from any source, except as follows: (1) Stationary vents. Visible emissions from any vent shall not exceed the following opacities and must meet the following requirements. Opacity shall not exceed 30% averaged over a six-minute period. Opacity shall not exceed 20% averaged over a six-minute period for any source on which construction was begun after January 31, 1972. Opacity shall not exceed 15% averaged over a six-minute period for any source having a total flow rate greater than or equal to 100,000 actual cubic feet per minute, unless an optical instrument capable of measuring the opacity of emissions is installed in the vent. (2) Sources requiring continuous emissions monitoring. Beginning March 1, 1994, all stationary vents located at the sources specified in this paragraph shall be equipped with a calibrated and properly operating CEMS for opacity. The system shall be calibrated, installed, operated, and maintained as specified in 40 CFR 51. (3) Exemptions from continuous emissions monitoring requirements. Opacity monitors shall not be installed or used to determine opacity from any gas stream or portion of a gas stream containing condensed water vapor which could interfere with proper instrument operation, as determined by the executive director. (4) Gas flares. |
Chemical Safety Specialist; Environmental Manager | Ongoing | 18 months after the effective date of the listing of any source identified in subsection | |
| AQ - 6 | 40 CFR Part 61 and 40 CFR Part 63 | National emission standards for hazardous air pollutants (NESHAP) | National Emission Standards for Hazardous Air Pollutants
(NESHAPS) are stationary source standards for hazardous air pollutants.
Hazardous air pollutants (HAPs) are those pollutants that are known or
suspected to cause cancer or other serious health effects, such as
reproductive effects or birth defects, or adverse environmental
effects. |
EPA develops national priorities that focus on significant environmental risks and noncompliance patterns. There are several hazardous pollutants regulated such as beryllium, mercury, vinyl chloride, benzene, asbestos, and radons. The 1990 Clean Air Act Amendments, significantly expanded EPA’s authority to regulate hazardous air pollutants. Section 112 of the Clean Air Act lists 188 hazardous air pollutants to be regulated by source category. The NESHAPs promulgated after the 1990 Clean Air Act Amendments are found in 40 CFR Part 63. These standards require application of technology based emissions standards referred to as Maximum Achievable Control Technology (MACT). Consequently, these post-1990 NESHAPs are also referred to as MACT standards. The NESHAPs are delegated to the states but both EPA and the states implement and enforce these standards. | Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | ||
| AQ - 7 | 40 CFR 61 subpart M | Federal asbestos regulations | Adoption of federal asbestos regulations | Asbestos is
a mineral fiber that has been used commonly in a variety of building
construction materials for insulation and as a fire-retardant. Because of its
fiber strength and heat resistant properties, asbestos has been used for a
wide range of manufactured goods, mostly in building materials (roofing
shingles, ceiling and floor tiles, paper products, and asbestos cement
products), friction products (automobile clutch, brake, and transmission
parts), heat-resistant fabrics, packaging, gaskets, and coatings. When asbestos-containing materials are damaged or disturbed by repair, remodeling or demolition activities, microscopic fibers become airborne and can be inhaled into the lungs, where they can cause significant health problems. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | ||
| AQ - 8 | 30 TAC 106 | Title V / 42 U.S.C. 7661c | Source/facility permitting (Permit by Rule) | Requirements for new source plan approval/operating permit, Title V facility permitting, and general permits. | The purpose of this article is to regulate air contamination
sources for the public welfare. Air quality shall be maintained at existing
levels in areas where the existing ambient air quality is better than the
applicable ambient air quality standards, and air quality shall be improved
to achieve the applicable ambient air quality standards in areas where the
existing air quality is worse than the applicable ambient air quality
standards. In accordance with this purpose, this chapter is designed to insure
that new sources conform to the applicable standards of this article and that
they do not result in producing ambient air contaminant concentrations in
excess of those specified in Chapter 131 (relating to ambient air quality
standards). New sources shall control the emission of air pollutants to the
maximum extent, consistent with the best available technology as determined
by the Department as of the date of issuance of the plan approval for the new
source. |
Chemical Safety Specialist; Environmental Manager | New facilities apply 12 months before getting the status. | Renewing must be done 6 months before expiring date. | |
| AQ - 9 | 30 TAC 111.201 | 40 CFR 52.273 | Open burning | Air quality regulations pertaining to open burning | No person may cause, suffer, allow, or permit any outdoor
burning within the State of Texas, except as provided by this subchapter or
by orders or permits of the commission. - It does not include the maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property clean-up activities, nor does it include burning following clearing for ecological restoration. Exception for Fire Training: - Outdoor burning shall be authorized for when requested in writing when authorized by the local air pollution control agency. Exception for Fires Used for Recreation, Ceremony, Cooking, and Warmth: - Authorized for fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather. Exception for Prescribed Burn: -All land on which burning is to be conducted shall be registered with the appropriate commission regional office using a United States Geological Survey map. The information must be received for review at least 15 working days before the burning takes place. Exception for Hydrocarbon Burning: Outdoor burning shall be authorized for hydrocarbon burning from pipeline breaks and oil spills only upon proper notification Sampling and monitoring may be required. |
Chemical Safety Specialist; Environmental Manager | The land should be registered 15 working days before burning with USGS. | Ongoing | |
| AQ - 10 | 30 TAC 115.420 | 40 CFR 63 | Surface coating | Spray booths, paint spray guns, VOC limits for coatings | Surface
coating is permitted if: - Spray operations that use less than 1/2 pint of coatings and solvents per hour are exempt - Spray operations that use less than two gallons of coatings and solvents per week are exempt. - Good housekeeping is practiced. - Prior to disposal, all liquid waste shall be stored in covered containers. There are no visible emissions leaving the property. - All spray coating operations which coat more than one panel shall be performed in a totally enclosed filtered spray booth with an air intake area with a fan of less than 100 square feet. - It shall be located at least 50 feet away from any residence, recreation area, church, school, child care facility, or medical or dental facility. Facilities shall be maintained records consecutive 24-month period. - Safety data sheet (SDS) are available. - Records of monthly coating and solvent purchases are available. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 11 | 30 TAC 115.221 | Stage II Vapor Recovery | Stage I controls | Vapor controls for gasoline storage tanks (vehicle fleets). The purpose of Stage I Vapor Recovery Systems at gasoline dispensing facilities ("GDFs") is to route gasoline vapors into the tanker truck without releasing them into the atmosphere. The Stage I system, consisting of sealed product fill and vapor apparatuses or both in one apparatus, is activated by a connecting hose that allows the transfer of vapors from the underground or aboveground storage tank back to the tanker truck's empty tank compartment while the tanker truck unloads gasoline product(s) into the storage tank(s). All connections are tightly fitted and properly sealed to prevent the escape of vapors. When using Stage I Vapor Recovery equipment, the escape of gasoline vapors is held to a minimum, helping to limit the escape of pollutants that contribute to air pollution. In addition, they are able to save money in the long run by having the majority of gasoline vapors retained in the tanks. Some of the "captured" vapors are converted back into the liquid gasoline state while the rest remains in the vapor state. | The following records must be kept on-site: - Stage II registration certificate (issued by the Texas EPA); - Stage I/II maintenance checklist log; - Stage I/II malfunction log; - Monthly gasoline throughput log (reported in total gallons of gasoline per month); - Stage I/II training certificate and/or approval letter of training (issued by a qualified Stage I and II trainer); - New or newly renovated gas dispensing facilities must register with the Texas EPA. The Stage II registration form must be completed and returned to the EPA within 30 days after the facility has completely installed and tested the Stage II Vapor Recovery System. Compliance Inspections: Each gas dispensing facility will be inspected shortly after its registration and annually thereafter. Nearly all inspections are conducted unannounced. Penalties: Penalties for violating air pollution regulations can be as high as $50,000 per violation and $10,000 for each day the violation continues. |
Chemical Safety Specialist; Environmental Manager | The Stage II registration form must be completed and returned to the EPA within 30 days after the facility has completely installed and tested the Stage II Vapor Recovery System. H16 | Ongoing | |
| AQ - 12 | 30 TAC 106.454 | CAA Title I Sec 112 | Degreasers | Regulations for certain type and size solvent degreasers | Any degreasing unit that satisfies the following conditions of
this section is permitted if: - Register with the commission's Office of Permitting, Remediation, and Registration in Austin using Form PI-7 and a Degreasing Unit - on a monthly basis, records shall be kept of total solvent makeup (gross usage minus waste disposal). - Waste solvent from all degreasing operations shall be stored in covered containers until emptying into an authorized on-site waste management facility. - Leaks shall be repaired immediately, or the degreaser shall be shut down until repairs are completed. - A permanent and conspicuous label summarizing proper operating procedures to minimize emissions shall be posted on or near the degreaser. - The solvent shall not be heated. -The unit shall be equipped with a cover which is closed whenever parts are not being handled in the cleaner. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 13 | 40 CFR 63 subpart T | Federal air toxics degreaser regulations | National Emissions Standard for Halogenated Solvent Cleaning. | Employ a tightly fitting cover that shall be closed at all times
except during parts entry and removal, and a water layer at a minimum
thickness of 2.5 centimeters (1.0 inch) on the surface of the solvent within
the cleaning machine, or - Employ a tightly fitting cover that shall be closed at all times except during parts entry and removal and a freeboard ratio of 0.75 or greater. - Each owner or operator of a remote-reservoir batch cold solvent cleaning machine shall employ a tightly fitting cover over the solvent sump that shall be closed at all times except during the cleaning of parts. - All waste solvent shall be collected and stored in closed containers. The owner or operator shall drain solvent cleaned parts for 15 seconds or until dripping has stopped, whichever is longer. - Spills during solvent transfer shall be wiped up immediately. - Each owner or operator of a batch cold cleaning machine shall submit an initial notification report. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | ||
| AQ - 14 | 30 TAC 115.510 | Use of cutback asphalts | Cutback asphalt use restrictions | Restrictions for road maintenance using cutback asphalt | After April 30, 1982, no person may permit the use or
application of cutback asphalt for paving operations except when any of the
following applies: - Long-life stockpile is necessary. - The cutback asphalt is used solely as a tack coat, a penetrating prime coat, a dust palliative or precoating of aggregate. - Skin patching is necessary during October. Skin patching shall be less than 500 feet continuous length, 1300 linear feet per mile or 1750 square yards per lane mile. - After April 30, 1982, emulsion asphalts may not contain more than the maximum percentage of solvent as regulated. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 15 | 30 TAC 115.240 | Stage II Requirements | Stage II vapor recovery | Stage II vapor recovery collect gasoline vapors from vehicles'
fuel tanks while customers dispense gasoline products into their vehicles at
gasoline dispensing facilities. The Stage II system consists of special
nozzles and coaxial hoses at each gasoline pump that captures vapors from the
vehicle's fuel tank and routes them to the station's underground or
aboveground storage tank(s) during the refueling process. When using Stage II
Vapor Recovery equipment, the escape of gasoline vapors is held to a minimum,
helping to protect the customers from the harmful effects of gasoline fumes
as well as minimizing the escape of pollutants that contribute to air
pollution. The Stage II Vapor Recovery program for example in Illinois
reduces hydrocarbon emissions by more than 35 tons per day and saves in
excess of 4 million gallons of gasoline annually. (SE and SW only) – Vapor recovery required for gas dispensers with certain throughputs. |
Required to install Stage II controls if they meet the following
two criteria: - Dispense, on average, more than 10,000 gallons of gasoline per month for the last 12 months of operation. Maintaining Stage I and Stage II Vapor Recovery Systems: - must have at least one person trained to operate and maintain them. Stage I and Stage II Vapor Recovery Recordkeeping Requirements: - shall have the records kept up-to-date and easily accessible to the inspector upon request. The following records must be kept on-site: - Stage II registration certificate (issued by the Texas EPA); - Stage I/II maintenance checklist log; - Stage I/II malfunction log; - Monthly gasoline throughput log (reported in total gallons of gasoline per month); - Stage I/II training certificate and/or approval letter of training (issued by a qualified Stage I and II trainer); - New or newly renovated gas dispensing facilities must register with the Texas EPA. The Stage II registration form must be completed and returned to the EPA within 30 days after the facility has completely installed and tested the Stage II Vapor Recovery System. Each gas dispensing facility will be inspected shortly after its registration and annually thereafter. Nearly all inspections are conducted unannounced. Penalties for violating air pollution regulations can be as high as $50,000 per violation and $10,000 for each day the violation continues. Compliance Inspections: Each gas dispensing facility will be inspected shortly after its registration and annually thereafter. Nearly all inspections are conducted unannounced. Penalties for violating air pollution regulations can be as high as $50,000 per violation and $10,000 for each day the violation continues. |
Chemical Safety Specialist; Environmental Manager | The Stage II registration form must be completed and returned to the EPA within 30 days after the facility has completely installed and tested the Stage II Vapor Recovery System. | Ongoing | |
| AQ - 16 | 30 TAC 117.9030 | 40 CFR 51.912 | Reasonably available control technology (RACT) | Control technology for large boilers | Reasonably
Available Control Technology (RACT) is a pollution control standard created
by the Environmental Protection Agency and is used to determine what air
pollution control technology will be used to control a specific pollutant to
a specified limit. RACT applies to existing sources in areas that are not
meeting national ambient air quality standards on controlled air pollutants
and is required on all sources that meet these criteria. The RACT standard is less stringent than either the Best Available Control Technology or the Lowest Achievable Control Technology standard set forth by the EPA. - By October 31, 2005, and each year thereafter, the owner or operator of the boiler shall calculate the difference between the actual emissions from the unit for the period from May 1 through September 30 and the allowable emissions for that period. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 17 | 30 TAC 101.10 | 40 CFR 51.1315 | Emissions inventory | Statewide annual emissions inventory update | Sources as identified in subsection (a) of this section that
have submitted an IEI shall submit an Annual Emissions Inventory Update
(AEIU) which consists of actual and allowable emissions as identified in
paragraph (a)(1) of this section, if any of the following criteria are
met. If none of the following criteria
are met, a letter certifying such shall be submitted instead. - Any source that achieves compliance with any regulation of the State Implementation Plan at any time within the inventory reporting period. - Any change in operating conditions, including start-ups, shut-downs, or process changes at the source that results in a 5.0% or greater increase or reduction in total annual emissions of VOC, NOx, CO, SO2, Pb, or PM10 from the most recently submitted emissions data. - A cessation of all production processes and termination of operations at the source. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | |
| AQ - 18 | 40 CFR 60 subpart Ea, Eb, Ec, Ce | Federal incinerator regulations | Federal incinerator regulations | The federal
government has set limits on radioactive releases from all incinerators
burning radioactive waste (noted next page). For mixed waste incinerators,
the federal Environmental Protection Agency (EPA) also set limits on a
variety of other pollutants based on the estimated health risks(3). A l in
100,000 chance of contracting cancer from combined exposure to emissions of
arsenic, beryllium, cadmium, chromium, as well as dioxins and furans
(compounds similar to dioxins) However, cancer may not be the primary hazard
from some pollutants like dioxins; other effects such as disruption of the
immune or reproductive systems may be more important(5). US standards for
dioxins and furans are typically much weaker than European standards(6). The
federal regulations for some emissions from mixed waste incinerators are
designed to prevent both acute and chronic health effects, even if exposure
occurs for a lifetime. Some other potentially toxic emissions are unregulated
(for example, selenium and nickel)(7). |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | ||
| AQ - 19 | 40 CFR 82 | Federal regulations for the protection of stratospheric ozone | Federal regulations for the protection of stratospheric ozone | Importing
Bulk Ozone: Under Title VI of the Clean Air Act, EPA regulates the import of ozone-depleting substances (ODSs) into the United States. Requirements differ for virgin and used ODSs as well as for Class I and Class II ODSs. -Class I ODSs include substances such as chlorofluorocarbons (CFCs), halons, carbon tetrachloride, methyl chloroform, methyl bromide, hydrobromofluorocarbons, and chlorobromomethane. - Class II ODSs include hydrochlorofluorocarbons (HCFCs) (including HCFC-22, also known as R-22). - Used Class I and Class II ODSs are substances that have been recovered from their intended use systems. - If an ODS is imported into the United States, the importer is subject to recordkeeping and reporting requirements. - Imports of Class I ODSs are required to submit reports to EPA 45 days after the end of the quarter, and importers of Class II ODSs are required to submit reports to EPA 30 days after the end of each quarter. |
Chemical Safety Specialist; Environmental Manager | Ongoing | Ongoing | ||