Current through Reg. 50, No. 13; March 28, 2025
(a) The owner or
operator of a regulated entity conducting a scheduled maintenance, startup, or
shutdown activity 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 at least ten days prior to any scheduled
maintenance, startup, or shutdown activity that is expected to cause an
unauthorized emission that equals or exceeds the reportable quantity (RQ) as
defined in §
101.1 of this title (relating to
Definitions), by emissions point in any 24-hour period and/or an activity where
the owner or operator expects only an excess opacity event as defined in §
101.1 of this title. If notice
cannot be given ten days prior to a scheduled maintenance, startup, or shutdown
activity, notification must be given as soon as practicable prior to the
scheduled activity. Maintenance, startup, or shutdown activities where the
actual emissions exceed the emissions in the notification by more than an RQ or
for which a notification was not submitted prior to the activity are either
upsets or unplanned maintenance, startup, or shutdown activities, depending
upon the reason for exceeding the estimate. Excess opacity events where
unauthorized emissions result are emissions events. Owners and operators of a
regulated entity with emissions events shall report such events as emissions
events in accordance with the requirements in §
101.201 of this title (relating to
Emissions Event Reporting and Recordkeeping Requirements), or this section as
applicable and §
101.222 of this title (relating to
Demonstrations).
(1) The notification for a
scheduled maintenance, startup, or shutdown activity, except for boilers and
combustion turbines referenced in the definition of RQ in §
101.1 of this title, must
identify:
(A) the name of the owner or
operator;
(B) the commission
Regulated Entity Number of the regulated entity, if a Regulated Entity Number
and air account number exist(s), or if there is not a Regulated Entity Number,
the air 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 from the scheduled
maintenance, startup, or shutdown activity will occur;
(D) the type of scheduled maintenance,
startup, or shutdown activity and the reason for the scheduled
activity;
(E) the expected date and
time of the scheduled maintenance, startup, or shutdown activity, and expected
duration of any maintenance activity;
(F) the common name of the process units or
areas, the common name and the agency-established facility identification
number of the facilities that will be involved in the emissions activity, and
the common name and the agency-established emission point numbers where the
unauthorized emissions may be 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;
(G) the expected duration
of the emissions from the scheduled maintenance, startup, or shutdown
activity;
(H) 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, for all
emission points involved in the emissions activity, that through common process
knowledge or past engineering analysis or testing are expected to equal or
exceed the RQ. 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";
(I)
the estimated total quantities for those compounds or mixtures described in
subparagraph (H) 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 activity; authorized emissions limits,
if any, for the facilities involved in the emissions activity, and, if
applicable, the estimated opacity and the authorized opacity limit. 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 (H) 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";
(J) the basis used for determining the
quantity of air contaminants to be emitted; and
(K) the actions taken to minimize the
emissions from the scheduled maintenance, startup, or shutdown
activity.
(2) The
notification for a scheduled maintenance, startup, or shutdown activity
involving a boiler or combustion turbine referenced in the definition of RQ in
§
101.1 of this title, or where the
owner or operator expects only an excess opacity event and the owner or
operator was not already required to provide a notification under paragraph (1)
of this subsection, must identify:
(A) the
name of the owner or operator;
(B)
the commission Regulated Entity Number of the regulated entity, if a Regulated
Entity Number and air account number exist(s), 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 scheduled
maintenance, startup, or shutdown activity;
(D) the type of scheduled maintenance,
startup, or shutdown activity and the reason for the scheduled
activity;
(E) the common name of
the process units or areas, the common name and the agency-established facility
identification numbers of the facility that experienced the excess opacity
event, and the common name and the agency-established emission point numbers
where the excess opacity event occurred. 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;
(F) the expected date and time of the
scheduled maintenance, startup, or shutdown activity, and expected duration of
any maintenance activity;
(G) the
estimated duration of the emissions from the scheduled maintenance, startup, or
shutdown activity;
(H) the
estimated opacity and the authorized opacity limit for those emission points
that unauthorized opacity is expected; and
(I) the actions taken, or being taken, to
minimize the emissions from the scheduled maintenance, startup, or shutdown
activity.
(b)
The owner or operator of a regulated entity conducting a scheduled maintenance,
startup, or shutdown activity shall create a final record of all scheduled
maintenance, startup, and shutdown activities with unauthorized emissions, or
with opacity exceedances from boilers and combustion turbines referenced in the
definition of RQ in §
101.1 of this title. The final
record must be created as soon as practicable, but no later than two weeks
after the end of each scheduled activity. 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
scheduled maintenance, startup, and shutdown activities may be maintained at
the staffed location within Texas that is responsible for day-to-day operations
of the regulated entity. Such scheduled activity records must identify:
(1) for owners and operators of regulated
entities that were required to notify under subsection (a) of this section:
(A) the name of the owner or
operator;
(B) the commission
Regulated Entity Number of the regulated entity, if a Regulated Entity Number
and air account number exist(s), 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
regulated entity and a contact telephone number;
(C) the physical location of the scheduled
points at which emissions from the maintenance, startup, or shutdown activity
occurred;
(D) the type of scheduled
maintenance, startup, or shutdown activity and the reason for the scheduled
activity;
(E) 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
activity, 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;
(F)the date and time of the
scheduled maintenance, startup, or shutdown activity, and the duration of any
maintenance activity;
(G) the
duration of the emissions from the scheduled maintenance, startup, or shutdown
activity;
(H) 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, involved in
the emissions activity, that are known through common process knowledge or past
engineering analysis or testing to have been released during the scheduled
maintenance, startup, or shutdown activity, 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";
(I) the estimated total quantities and the
authorized emissions limits for those compounds or mixtures described in
subparagraph (H) of this paragraph; the preconstruction authorization number or
rule citation of the standard permit, permit by rule, or rule, any, governing
the facilities involved in the scheduled maintenance, startup, or shutdown
activity; authorized emissions limits, if any, for the facility involved in the
scheduled maintenance, startup, or shutdown activity, and, if applicable, the
estimated opacity and authorized opacity limit, except for boilers or
combustion turbines referenced in the definition of RQ in §
101.1 of this title that 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 (H) 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";
(J) the basis used for determining the
quantity of air contaminants to be emitted, except for boilers or combustion
turbines referenced in the definition of RQ in §
101.1 of this title; and
(K) the actions taken to minimize the
emissions from the scheduled maintenance, startup, or shutdown
activity;
(2) for owners
and operators of regulated entities that were not required to notify under
subsection (a) of this section:
(A) the name
of the owner or operator;
(B) the
commission Regulated Entity Number of the regulated entity if a Regulated
Entity Number and air account number exist(s), 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 scheduled
points at which emissions from the maintenance, startup, or shutdown activity
occurred;
(D) the type of scheduled
maintenance, startup, or shutdown activity and the reason for the scheduled
activity;
(E) the common name of
the process unit or areas, the common name and the agency-established facility
identification numbers of the facilities that experienced the emissions
activity, 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;
(F) the date and time of
the scheduled maintenance, startup, or shutdown activity, and the duration of
any maintenance activity;
(G) the
duration of the emissions from the scheduled maintenance, startup, or shutdown
activity;
(H) 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, that are
known through common process knowledge, 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
record instead these compounds or mixtures of air contaminants may be
identified together as "other"; and
(I) the estimated total quantities and the
authorized emissions limits for those compounds or mixtures described in
subparagraph (H) of this paragraph. 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 (H) 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."
(c)
For any scheduled maintenance, startup, or shutdown activity for which an
initial notification was submitted under subsection (a) of this section, which
does not provide all the information required in subsection (b) of this section
or if the information has changed from the prior notification, the owner or
operator of the regulated entity shall submit a final record as required by
subsection (b) of this section 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 scheduled
activity. If the owner or operator does not submit a record under this
subsection, the information provided under subsection (a) of this section will
be the final record of the scheduled activity.
(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 emissions reports by other
state or federal rules, is exempt from creating, maintaining, and submitting
final records of scheduled maintenance, startup, and shutdown activities with
unauthorized emissions 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) The executive director may specify the
amount, time, and duration of emissions that will be allowed during the
scheduled maintenance, startup, or shutdown activity. The owner or operator of
any source subject to the provisions of this section shall submit a technical
plan for any scheduled maintenance, startup, or shutdown activity when
requested by the executive director with a copy to the appropriate local air
pollution agencies with jurisdiction. The plan must contain a detailed
explanation of the means by which emissions will be minimized during the
scheduled maintenance, startup, or shutdown activity. For those emissions that
must be released into the atmosphere, the plan must include the reasons such
emissions cannot be reduced further.
(f) For annual scheduled maintenance,
startup, and shutdown activity reporting on or before March 31, of each
calendar year, beginning in calendar year 2007, or as directed by the executive
director, each owner or operator of a regulated entity site, 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 scheduled
maintenance, startup, and shutdown activity during the calendar year must
report to the executive director, and all appropriate local air pollution
control agencies with jurisdiction:
(1) the
number of reportable and non-reportable scheduled maintenance, startup, and
shutdown activities experienced at the regulated entity; and
(2) the estimated total quantities for all
compounds or mixtures, by compound or mixture, of air contaminants, in the
definition of RQ in §
101.1 of this title that, by
facility, emitted during scheduled maintenance, startup, and shutdown
activities 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.
