By: Burnam H.B. No. 3591
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the control of emissions from crude oil and condensate
  storage tanks in certain areas of this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.0203 to read as follows:
         Sec. 382.0203.  CONTROL OF EMISSIONS FROM CRUDE OIL AND
  CONDENSATE STORAGE TANKS.  (a)  The commission by rule shall
  regulate the emissions of volatile organic compounds from a storage
  tank or tank battery located in an area designated as a
  nonattainment area for a national ambient air quality standard for
  ozone within the meaning of Section 107(d) of the federal Clean Air
  Act (42 U.S.C. Section 7407) that is used:
               (1)  to store crude oil or condensate before custody
  transfer; or
               (2)  at a pipeline breakout station.
         (b)  The owner or operator of a storage tank or tank battery
  described by Subsection (a) shall ensure that flashed gases are
  routed to a vapor recovery system or control device if:
               (1)  for a storage tank or tank battery in operation
  before September 1, 2010, the tank or tank battery has the potential
  to emit an aggregate of 10 or more tons of volatile organic
  compounds in any 12-month period if emissions were not controlled;
  and
               (2)  for a storage tank or tank battery that begins
  operation on or after September 1, 2010, the tank or tank battery
  has the potential to emit an aggregate of five or more tons of
  volatile organic compounds in any 12-month period if emissions were
  not controlled.
         (c)  Rules adopted under Subsection (a) apply to a storage
  tank or tank battery under Subsection (b)(1) only on and after
  September 1, 2011.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.