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Texas SIP: 30 TAC 101.06: Notification Requirements for Major Upset; SIP Effective 2001-01-29 until 2005-04-29

Regulatory Text: 

§101.6.  Upset Reporting and Recordkeeping Requirements.
As adopted by TNRCC June 29, 2000, effective July 23, 2000.

(Approved by EPA November 28, 2000 (65 FR 70792) effective January 29, 2001.)

     (a)  The following requirements for reportable upsets shall apply.

          (1)  As soon as practicable, but not later than 24 hours after the discovery of an upset, the owner or operator shall:

               (A)  determine if the upset is a reportable upset; and

               (B)  notify the commission’s regional office for the region in which the facility is located and all appropriate local air pollution control agencies if the upset is reportable.

          (2)  The notification for reportable upsets, except for boilers or combustion turbines referenced in §101.1 of this title (relating to Definitions) in the definition of reportable quantity, shall identify:

               (A)  the cause of the upset, if known;

               (B)  the processes and equipment involved;

               (C)  the date and time of the upset;

               (D)  the duration or expected duration of the upset;

               (E)  the compound descriptive type of the individually listed compounds or mixtures of air contaminants in the definition of reportable quantity which are known through common process knowledge or past engineering analysis or testing to exceed the reportable quantity;

               (F)  the estimated quantities for those compounds or mixtures described in subparagraph (E) of this paragraph except in the case of upsets determined on opacity only, where opacity will be estimated; and

               (G)  the actions taken or being taken to correct the upset and minimize the emissions.

          (3)  The notification for reportable upsets for boilers or combustion turbines referenced in the definition of reportable quantity shall identify:

               (A)  the cause of the upset, if known;

               (B)  the processes and equipment involved;

               (C)  the date and time of the upset;

               (D)  the duration or expected duration of the event;

               (E)  the estimated opacity; and

               (F)  the actions taken or being taken to correct the upset and minimize the emissions.

          (4)  The owner or operator of a facility must report additional or more detailed information on the upset when requested by the executive director or any air pollution control agency with jurisdiction.

          (5)  Any spill or discharge required to be reported under §§327.1-327.5, and 327.31 of this title (relating to Spill Prevention and Control), is not required to be reported under paragraphs (1) and (2) of this subsection.

     (b)  The owner or operator of a facility shall create a final record of reportable and nonreportable upsets as soon as practicable, but no later than two weeks after the end of an upset.  Final records shall 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 site is not normally staffed, records of upsets may be maintained at the staffed location within Texas that is responsible for day-to-day operations of the site.  Such records shall identify:

          (1)  the cause of the upset;

          (2)  the processes and equipment involved;

          (3)  the date and time of the upset;

          (4)  the duration of the upset;

          (5)  the compound descriptive type of the individually listed compounds or mixtures of air contaminants in the definition of reportable quantity which are known through common process knowledge or past engineering analysis or testing, except for boilers or combustion turbines referenced in the definition of reportable quantity;

          (6)  the estimated quantities for those compounds or mixtures described in  paragraph (5) of this subsection, except in the case of upsets determined on opacity only, where opacity will be estimated; and

          (7)  the actions taken or being taken to correct the upset and minimize the emissions.

     (c)  For all reportable upsets, if the information required in subsection (b) of this section differs from the information provided in the 24-hour notification under subsection (a) of this section, the owner or operator of the facility shall submit a copy of the final record to the commission’s regional office for the region in which the facility is located no later than two weeks after the end of the upset.  If the owner or operator does not submit a record under this subsection, the information provided in the 24-hour notification under subsection (a) of this section will be the final record of the upset.

     (d)  The owner or operator of a boiler or combustion turbine referenced in the definition of reportable quantity that is equipped with a continuous emission monitoring system providing updated readings at a minimum 15-minute interval that completes a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period and is required to submit excess emission reports by other state or federal requirements, is exempt from creating, maintaining, and submitting records of reportable and nonreportable upsets of the boiler or combustion turbine under subsection (b) of this section.

     (e)  The owner or operator of any facility 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 the upset event.  The evaluation shall include at least an analysis of the probable causes of the upset and any necessary actions to prevent or minimize recurrence.  The evaluation shall be submitted in writing to the executive director within 60 days from the date of request.  The 60-day period may be extended by the executive director.

As adopted by TNRCC June 29, 2000, effective July 23, 2000.

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