Current through Reg. 50, No. 13; March 28, 2025
(a) The following requirements for reportable
emissions events apply.
(1) As soon as
practicable, but not later than 24 hours after the discovery of an emissions
event, the owner or operator of a regulated entity shall:
(A) determine if the event is a reportable
emissions event; and
(B) notify the
commission office for the region in which the regulated entity is located, and
all appropriate local air pollution control agencies with jurisdiction, if the
emissions event is reportable.
(2) The initial 24-hour notification for
reportable emissions events, with the exception of emissions from boilers or
combustion turbines referenced in the definition of reportable quantity (RQ) in
§
101.1 of this title (relating to
Definitions) for each regulated entity, must at a minimum, identify for each
emissions point with emissions that exceed an RQ:
(A) the name of the owner or operator of the
regulated entity experiencing an emissions event;
(B) the commission Regulated Entity Number of
the regulated entity experiencing an emissions event, if a Regulated Entity
Number exists, or if there is not a Regulated Entity Number, the air account
number of the regulated entity. If a Regulated Entity Number and air account
number do not exist, then identify the location of the release and a contact
telephone number;
(C) the common
name of the process units or areas, the common name of the facilities that
incurred the emissions event, and the common name of the emission points where
the unauthorized emissions exceeded an RQ were released to the
atmosphere;
(D) the date and time
of the discovery of the emissions;
(E) the estimated duration of the
emissions;
(F) the compound
descriptive type of the individually listed compounds or mixtures of air
contaminants released during the emissions event, in the definition of RQ in
§
101.1 of this title that are known
through common process knowledge, past engineering analysis, or testing to have
equaled or exceeded the RQ;
(G) the
estimated total quantities for those compounds or mixtures described in
subparagraph (F) of this paragraph;
(H) the best known cause of the emissions
event at the time of the initial 24-hour notification, if known; and
(I) the actions taken, or being taken, to
correct the emissions event and minimize the emissions.
(3) The initial 24-hour notification for
reportable emissions events for boilers or combustion turbines referenced in
the definition of RQ in §
101.1 of this title must identify
for each emission point with excess opacity that exceeds the RQ by more than
15%:
(A) the name of the owner or operator of
the regulated entity experiencing an emissions event;
(B) the commission Regulated Entity Number of
the regulated entity experiencing an emissions event, if a Regulated Entity
Number exists, or if there is not a Regulated Entity Number, the air account
number of the regulated entity. If a Regulated Entity Number and air account
number do not exist, then identify the location of the release and a contact
telephone number;
(C) the best
known cause of the emissions event, if known at the time of
notification;
(D) the common name
of the process units or areas, the common name of the facilities that
experienced the emissions event, and the common name of the emission points
where the unauthorized opacity that exceeded the RQ occurred;
(E) the date and time of the discovery of the
emissions event;
(F) the estimated
duration or expected duration of the emissions;
(G) the estimated opacity; and
(H) the actions taken, or being taken, to
correct the emissions event and minimize the emissions.
(4) The owner or operator of a regulated
entity experiencing a reportable emissions event that also requires an initial
notification under §
327.3 of this title (relating to
Notification Requirements) may satisfy the initial 24-hour notification
requirements of this section by complying with the requirements under §
327.3 of this title.
(b) The owner or operator of a
regulated entity experiencing an emissions event shall create a final record of
all reportable and non-reportable emissions events as soon as practicable, but
no later than two weeks after the end of an emissions event. Final records must
be maintained on-site for a minimum of five years and be made readily available
upon request to commission staff or personnel of any air pollution program with
jurisdiction. If a regulated entity is not normally staffed, records of
emissions events may be maintained at the staffed location within Texas that is
responsible for the day-to-day operations of the regulated entity.
(1) The final record of a reportable
emissions event must identify for all emission points involved in the emissions
event:
(A) the name of the owner or operator
of the regulated entity experiencing an emissions event;
(B) the commission Regulated Entity Number of
the regulated entity experiencing an emissions event, if a Regulated Entity
Number and air account number exists, or if there is not a Regulated Entity
Number, the air account number of the regulated entity. If a Regulated Entity
Number and air account number do not exist, then identify the location of the
release and a contact telephone number;
(C) the physical location of the points at
which emissions to the atmosphere occurred;
(D) the common name of the process units or
areas, the common name and the agency-established facility identification
number of the facilities that experienced the emissions event, and the common
name and the agency-established emission point numbers where the unauthorized
emissions were released to the atmosphere. Owners or operators of those
facilities and emission points, that the agency has not established facility
identification numbers or emission point numbers for, are not required to
provide the facility identification numbers and emission point numbers in the
report, but are required to provide the common names in the report.
(E) the date and time of the discovery of the
emissions event;
(F) the estimated
duration of the emissions;
(G) the
compound descriptive type of all individually listed compounds or mixtures of
air contaminants in the definition of RQ in §
101.1 of this title, from all
emission points involved in the emissions event, that are known through common
process knowledge or past engineering analysis or testing to have been released
during the emissions event, except for boilers or combustion turbines
referenced in the definition of RQ in §
101.1 of this title. Compounds or
mixtures of air contaminants, that have an RQ greater than or equal to 100
pounds and the amount released is less than ten pounds in a 24-hour period, are
not required to be specifically listed in the report, instead these compounds
or mixtures of air contaminants may be identified together as
"other";
(H) the estimated total
quantities for those compounds or mixtures described in subparagraph (G) of
this paragraph; the preconstruction authorization number or rule citation of
the standard permit, permit by rule, or rule, if any, governing the facilities
involved in the emissions event; and the authorized emissions limits, if any,
for the facilities involved in the emissions events, except for boilers or
combustion turbines referenced in the definition of RQ in §
101.1 of this title, which record
only the authorized opacity limit and the estimated opacity during the
emissions event. Good engineering practice and methods must be used to provide
reasonably accurate representations for emissions and opacity. Estimated
emissions from compounds or mixtures of air contaminants that are identified as
"other" under subparagraph (G) of this paragraph, are not required for each
individual compound or mixture of air contaminants, however, a total estimate
of emissions must be provided for the category identified as "other";
(I) the basis used for determining the
quantity of air contaminants emitted, except for boilers or combustion turbines
referenced in the definition of RQ in §
101.1 of this title;
(J) the best known cause of the emissions
event at the time of reporting;
(K)
the actions taken, or being taken, to correct the emissions event and minimize
the emissions; and
(L) any
additional information necessary to evaluate the emissions event.
(2) Records of non-reportable
emissions events must identify:
(A) the name
of the owner or operator of the regulated entity experiencing an emissions
event;
(B) the commission Regulated
Entity Number and air account number of the regulated entity experiencing an
emissions event, if a Regulated Entity Number and air account number exists, or
if there is not a Regulated Entity Number, the air account number of the
regulated entity. If a Regulated Entity Number and air account number do not
exist, then identify the location of the release and a contact telephone
number;
(C) the physical location
of the points at which emissions to the atmosphere occurred;
(D) the common name of the process units or
areas, the common name and the agency-established facility identification
number of the facilities that experienced the emissions event, and the common
name and the agency-established emission point numbers where the unauthorized
emissions were released to the atmosphere. Owners or operators of those
facilities and emission points that the commission has not established facility
identification numbers or emission point numbers for are not required to
provide the facility identification numbers and emission point numbers in the
report, but are required to provide the common names in the report;
(E) the date and time of the discovery of the
emissions event;
(F) the estimated
duration of the emissions;
(G) the
compound descriptive type of the individually listed compounds or mixtures of
air contaminants, in the definition of RQ in §
101.1 of this title, from all
emission points involved in the emissions event, that are known through common
process knowledge or past engineering analysis, except for boilers or
combustion turbines referenced in the definition of RQ in §
101.1 of this title and that were
unauthorized. Compounds or mixtures of air contaminants, that have an RQ
greater than or equal to 100 pounds and the amount released is less than ten
pounds in a 24-hour period, are not required to be specifically listed in the
report, instead these compounds or mixtures of air contaminants may be
identified together as "other";
(H)
the estimated total quantities and the authorized emissions limits for those
compounds or mixtures described in subparagraph (G) of this paragraph; the
preconstruction authorization number or rule citation of the standard permit,
permit by rule, or rule, if any, governing the facilities involved in the
emissions event; and the authorized emissions limits, if any, for the
facilities involved in the emissions events, except for boilers or combustion
turbines referenced in the definition of RQ in §
101.1 of this title, which record
only the authorized opacity limit and the estimated opacity during the
emissions event. Good engineering practice and methods must be used to provide
reasonably accurate representations for emissions and opacity. Estimated
emissions from compounds or mixtures of air contaminants that are identified as
"other" under subparagraph (G) of this paragraph, are not required for each
individual compound or mixture of air contaminants, however, a total estimate
of emissions must be provided for the category identified as "other";
(I) the basis used for determining the
quantity of air contaminants emitted, except for boilers or combustion turbines
referenced in the definition of RQ in §
101.1 of this title;
(J) the best known cause of the emissions
event at the time of recording;
(K)
the actions taken, or being taken, to correct the emissions event and minimize
the emissions; and
(L) any
additional information necessary to evaluate the emissions event.
(c) For all reportable
emissions events, if the information required in subsection (b) of this section
differs from the information provided in the initial 24-hour notification under
subsection (a) of this section, the owner or operator of the regulated entity
shall submit a copy of the final record to the commission office for the region
in which the regulated entity is located and to appropriate local air pollution
agencies with jurisdiction no later than two weeks after the end of the
emissions event. If the owner or operator does not submit a record under this
subsection, the information provided in the initial 24-hour notification under
subsection (a) of this section will be the final record of the emissions event,
provided the initial 24-hour notification was submitted electronically in
accordance with subsection (g) of this section. Any emissions of greenhouse
gases, individually or collectively, are not required to be submitted under
this subsection, except for specific individual air contaminant compounds
listed in the definition of RQ in §
101.1 of this title.
(d) The owner or operator of a boiler or
combustion turbine, as defined in §
101.1 of this title, fueled by
natural gas, coal, lignite, wood, or fuel oil containing hazardous air
pollutants at a concentration of less than 0.02% by weight, that is equipped
with a continuous emission monitoring system that completes a minimum of one
operating cycle (sampling, analyzing, and data recording) for each successive
15-minute interval, and is required to submit excess emission reports by other
state or federal requirements, is exempt from creating, maintaining, and
submitting final records of reportable and non-reportable emissions events of
the boiler or combustion turbine under subsections (b) and (c) of this section
if the notice submitted under subsection (a) of this section contains the
information required under subsection (b) of this section.
(e) As soon as practicable, but not later
than 24 hours after the discovery of an excess opacity event, as defined in
§
101.1 of this title, where the
owner or operator was not already required to provide an initial 24-hour
notification under subsection (a)(2) or (3) of this section, the owner or
operator shall notify the commission office for the region in which the
regulated entity is located, and all appropriate local air pollution control
agencies with jurisdiction. In the notification, the owner or operator shall
identify:
(1) the name of the owner or
operator of the regulated entity experiencing the excess opacity
event;
(2) the commission Regulated
Entity Number and air account number of the regulated entity experiencing an
opacity event, if a Regulated Entity Number and air account number exists, or
if there is not a Regulated Entity Number, the air account number of the
regulated entity. If a Regulated Entity Number and air account number do not
exist, then identify the location of the release and a contact telephone
number;
(3) the physical location
of the excess opacity event;
(4)
the common name of the process units or areas, the common name of the
facilities where the excess opacity event occurred, and the common name of the
emission points where the excess opacity event occurred;
(5) the date and time of the discovery of the
excess opacity event;
(6) the
estimated duration of the excess opacity;
(7) the estimated opacity;
(8) the authorized opacity limit for the
facilities having the excess opacity event;
(9) the best known cause of the excess
opacity event at the time of the notification; and
(10) the actions taken, or being taken, to
correct the excess opacity event.
(f) The owner or operator of any regulated
entity subject to the provisions of this section shall perform, upon request by
the executive director or any air pollution control agency with jurisdiction, a
technical evaluation of each emissions event. The evaluation must include at
least an analysis of the probable causes of each emissions event and any
necessary actions to prevent or minimize recurrence. The evaluation must be
submitted in writing to the executive director and to the appropriate local air
pollution agencies with jurisdiction within 60 days from the date of request.
The 60-day period may be extended by the executive director. Additionally, the
owner or operator of a regulated entity experiencing an emissions event must
provide, in writing, additional or more detailed information regarding the
emissions event when requested by the executive director or any air pollution
control agency with jurisdiction, within the time established in the
request.
(g) On and after January
1, 2003, notifications and reports required in subsection (c) of this section
must be submitted electronically to the commission using the electronic forms
provided by the commission. On and after January 1, 2004, notifications
required in subsections (a) and (e) of this section must be submitted via
commission's secure Web server, facsimile, or electronic mail to the commission
using electronic forms provided by the commission. Notwithstanding the
requirement to report initial 24-hour notifications electronically after
January 1, 2004, the owner or operator of a regulated entity experiencing a
reportable emissions event that also requires an initial notification under
§
327.3 of this title, is not
required to report the event electronically under this subsection provided the
owner or operator complies with the requirements under §
327.3 of this title and in
subsections (a) and (c) of this section. If the initial notification is not
submitted by using an online form on the commission's secure Web server, the
owner or operator must submit the identical information on the commission's
secure Web server within 48 hours of discovery of the event. In the event the
commission's server is unavailable due to technical failures or scheduled
maintenance, events may be reported via facsimile to the appropriate regional
office. The commission will provide an alternative means of notification in the
event that the commission's electronic reporting system is inoperative.
Electronic notification and reporting is not required for small businesses that
meet the small business definition in Texas Water Code, §
5.135(g)(2)
and to appropriate local air pollution control agencies with jurisdiction.
Small businesses shall provide notifications and reporting by any viable means
that meet the time frames required by this section.
(h) Annual emissions event reporting:
beginning in calendar year 2007, on or before March 31 of each calendar year or
as directed by the executive director, each owner or operator of a regulated
entity, as defined in §
101.1 of this title that is
subject to reporting under §
101.10 of this title (relating to
Emissions Inventory Requirements), that experienced at least one emissions
event during the calendar year shall report to the executive director, and all
appropriate local air pollution control agencies with jurisdiction, the
following:
(1) the total number of reportable
and the total number of non-reportable emissions events experienced at the
regulated entity;
(2) the estimated
total quantities for all compounds or mixtures of air contaminants, by compound
or mixture, in the definition of RQ in §
101.1 of this title that, by
facility, were emitted during emissions events at the regulated entity.
Compounds or mixtures of air contaminants, that have an RQ greater than or
equal to 100 pounds and the amount released is less than one pound in a 24-hour
period, are not required to be included in the report. Good engineering
practice and methods must be used to provide reasonably accurate
representations for emissions and opacity. This paragraph does not apply to
boilers and combustion turbines referenced in the definition of RQ in §
101.1 of this title that must
report only the estimated opacities during emissions events and duration of
unauthorized opacity; and
(3)
owners and operators of regulated entities that are subject to reporting under
§
101.10 of this title shall provide
the information required by this subsection as part of their reporting under
§
101.10 of this title.
