Current through Reg. 50, No. 13; March 28, 2025
(a) Owners or operators of facilities and
sources that are de minimis as designated in §
116.119 of this title (relating to
De Minimis Facilities or Sources) are not subject to this section.
(b) Owners or operators of facilities
operating under a permit by rule (PBR) in Subchapter C of this chapter
(relating to Domestic and Comfort Heating and Cooling) or under those PBRs that
only name the type of facility and impose no other conditions in the PBR itself
do not need to comply with specific recordkeeping requirements of subsection
(c) of this section. A list of these PBRs will be available through the
commission's Austin central office, regional offices, and the commission's
website. Upon request from the commission or any air pollution control program
having jurisdiction, claimants must provide information that would demonstrate
compliance with §
106.4 of this title (relating to
Requirements for Permitting by Rule), or the general requirements, if any, in
effect at the time of the claim, and the PBR under which the facility is
authorized.
(c) Owners or operators
of all other facilities authorized to be constructed and operate under a PBR
must retain records as follows:
(1) maintain a
copy of each PBR and the applicable general conditions of §
106.4 of this title or the general
requirements, if any, in effect at the time of the claim under which the
facility is operating. The PBR and general requirements claimed should be the
version in effect at the time of construction or installation or changes to an
existing facility, whichever is most recent. The PBR holder may elect to comply
with a more recent version of the applicable PBR and general
requirements;
(2) maintain records
containing sufficient information to demonstrate compliance with the following:
(A) all applicable general requirements of
§
106.4 of this title or the general
requirements, if any, in effect at the time of the claim; and
(B) all applicable PBR conditions;
(3) keep all required records at
the facility site. If however, the facility normally operates unattended,
records must be maintained at an office within Texas having day-to-day
operational control of the plant site;
(4) make the records available in a
reviewable format at the request of personnel from the commission or any air
pollution control program having jurisdiction;
(5) beginning April 1, 2002, keep records to
support a compliance demonstration for any consecutive 12-month period. Unless
specifically required by a PBR, records regarding the quantity of air
contaminants emitted by a facility to demonstrate compliance with §
106.4 of this title prior to April
1, 2002 are not required under this section; and
(6) for facilities located at sites
designated as major in accordance with §
122.10(13) of
this title (relating to General Definitions) or subject to or potentially
subject to any applicable federal requirement, retain all records demonstrating
compliance for at least five years. For facilities located at all other sites,
all records demonstrating compliance must be retained for at least two years.
These record retention requirements supercede any retention conditions of an
individual PBR.
