Regulatory Text: 
§101.7.     Maintenance, Start-up and Shutdown Reporting, Recordkeeping, and Operational 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)  All pollution emission capture equipment and abatement equipment shall be maintained in good working order and operated properly during normal facility operations.  Emission capture and abatement equipment shall be considered in good working order and operated properly when operated in a manner such that the facility is operating within air emission limitations established by permit, rule, or order of the commission or as authorized by TCAA, §382.0518(g).

     (b)  The owner or operator shall notify the commission’s regional office for the region in which the facility is located and all appropriate local air pollution control agencies at least ten days prior to any maintenance, start-up, or shutdown which is expected to cause an unauthorized emission which equals or exceeds the reportable quantity in any 24-hour period.  If notice cannot be given ten days prior to any start-up, shutdown, or maintenance which is expected to cause an unauthorized emission that will equal or exceed a reportable quantity in any 24-hour period, notification shall be given as soon as practicable prior to the maintenance, start-up, or shutdown.  Any maintenance, start-up, or shutdown, for which no notification under this subsection was submitted, which results in unauthorized emissions that equal or exceed a reportable quantity, or any maintenance, start-up, or shutdown which exceeds the estimates submitted under the notification requirements of this subsection shall be considered a reportable upset and subject to §101.6 of this title (relating to Upset Reporting and Recordkeeping Requirements).

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

               (A)  the type of activity and the reason for the maintenance, start-up, or shutdown, if known;

               (B)  the expected date and time of the maintenance, start-up, or shutdown;

               (C)  the processes and equipment involved;

               (D)  the expected duration of the maintenance, start-up, or shutdown;

               (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 unauthorized emissions determined on opacity only, where opacity will be estimated; and

               (G)  the actions taken to minimize the emissions from the maintenance, start-up, or shutdown.

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

               (A)  the type of activity and the reason for the maintenance, start-up, or shutdown,  if known;

               (B)  the processes and equipment involved;

               (C)  the date and time of the maintenance, start-up, or shutdown;

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

               (E)  the estimated opacity; and

               (F)  the actions taken or being taken to minimize the emissions from the maintenance, start-up, or shutdown.

     (c)  The owner or operator of a facility shall create a final record of all maintenance, start-ups, and shutdowns with unauthorized emissions as soon as practicable, but no later than two weeks after the maintenance, start-up, or shutdown.  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 maintenance, start-ups, and shutdowns 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 type of activity and the reason for the maintenance, start-up, or shutdown;

          (2)  the processes and equipment involved;

          (3)  the date and time of the maintenance, start-up, or shutdown;

          (4)  the duration of the maintenance, start-up, or shutdown;

          (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 unauthorized emissions determined on opacity only, where opacity shall be estimated; and

          (7)  the actions taken to minimize the emissions from the maintenance, start-up, or shutdown.

     (d)  For any maintenance, start-up, or shutdown event which causes an unauthorized emission which equals or exceeds the reportable quantity in any 24-hour period, if the information required in subsection (c) of this section differs from the information provided under subsection (b) 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 maintenance, start-up, or shutdown event.  If the owner or operator does not submit a record under this subsection, the information provided under subsection (b) of this section will be the final record of the maintenance, start-up, shutdown event.
     (e)  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 that completes a minimum of one cycle per operation (sampling, analyzing, and data recording) for each successive 15-minute interval and is required to submit excess emission reports by other state or federal regulations, is exempt from creating, maintaining, and submitting records of maintenance, start-ups, and shutdowns with unauthorized emissions under subsection (c) of this section.

     (f)  The executive director may specify the amount, time, and duration of emissions that will be allowed during the maintenance, start-up, or shutdown.  The owner or operator of any source subject to the provisions of this section shall submit a technical plan for any start-up, shutdown, or maintenance when requested by the executive director.  The plan shall contain a detailed explanation of the means by which emissions will be minimized during the maintenance, start-up, or shutdown.  For those emissions which must be released into the atmosphere, the plan shall include the reasons such emissions cannot be reduced further.

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

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