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Texas SIP: 30 TAC 101.10: Emissions Inventory Requirements; SIP effective 03/29/99 until 2005-04-29

Regulatory Text: 
§101.10.  Emissions Inventory Requirements.

(Section 101.10 approved by EPA 08/26/94 (59 FR 44036) at 52.2270(c)(82) effective 10/25/94.  Revised subsection 101.10(a)(1) approved by EPA 01/26/99 (64 FR 3847) at 52.2270(c)(105)(i)(A) effective 03/29/99.)

82    (a)  Applicability.  The owner or operator of the following stationary sources in the State of Texas or on waters that extend 25 miles from the shoreline shall submit emissions inventories to the Texas Natural Resource Conservation Commission (TNRCC) on forms or other media approved by the TNRCC:

105A       (1) A major facility/stationary source, as defined in §116.012 of this title (relating to Nonattainment Review Definitions), and any stationary source in an ozone nonattainment area emitting a minimum of 10 tons per year (TPY) volatile organic compounds (VOC), 25 TPY nitrogen oxides (NOx), or 100 TPY carbon monoxide (CO);

82         (2) Any stationary source in an attainment area or unclassified area that emits 100 TPY or more of any contaminant (including VOC) for which a National Ambient Air Quality Standard has been issued.

82         (3) Any major source of hazardous air pollutants as defined in §112(a)(1) of the Federal Clean Air Act (FCAA).

82    (b)  Types of Inventories.

82         (1) Initial Emissions Inventory.  Stationary sources, as identified in subsection (a) of this section, shall submit an Initial Emissions Inventory (IEI) for any criteria pollutant or hazardous air pollutant that has not been identified in a previous inventory.  The IEI shall consist of actual emissions of VOC, NOx, CO, sulfur dioxide (SO2), lead (Pb), and particulate matter of less than 10 microns in diameter (PM10) from stationary sources and emissions of all hazardous air pollutants identified in §112(b) of the FCAA.  For purposes of this section, the term "actual emission" is the actual rate of emissions of a pollutant from an emissions unit for the calendar year or seasonal period.  Actual emission estimates must also include excess emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime to parallel the documentation of these events in the  emissions inventory and must follow emission calculations as identified in subsection (c) of this section.  Where there is an enforceable document, such as a permit or Board Order establishing allowable levels, the IEI shall include the allowable emission level as identified in the permit Maximum Allowable Emission Rate Table or Board Order.

82         (2)  Statewide Annual Emissions Inventory Update.  Sources as identified in subsection (a) of this section that have submitted an IEI shall submit an Annual Emissions Inventory Update (AEIU) which consists of actual and allowable emissions as identified in paragraph (a)(1) of this section, if any of the following criteria are met.  If none of the following criteria are met, a letter certifying such shall be submitted instead.

82              (A) Any source that achieves compliance with any regulation of the State Implementation Plan at any time within the inventory reporting period. 

82              (B) Any change in operating conditions, including start-ups, shut-downs, or process changes at the source that results in a 5.0% or greater increase or reduction in total annual emissions of VOC, NOx, CO, SO2, Pb, or PM10 from the most recently submitted emissions data.

82              (C) A cessation of all production processes and termination of operations at the source.

82         (3) Ozone Nonattainment Area Inventory.  Stationary sources emitting a minimum of 10 TPY of VOC, 25 TPY of NOx, or 100 TPY of CO shall submit an annual inventory.  The inventory shall consist of annual emissions and typical weekday emissions that occur during the summer months.

82         (4) CO Nonattainment Area Inventory.  Stationary sources emitting 100 TPY or more of CO shall submit an inventory every three years.  The inventory shall consist of annual emissions and typical weekday emissions that occur during the winter months.  The first inventory is required for the 1989 - 1990 winter season.

82         (5) Special Inventories.  Upon request by the Executive Director or a designated representative of the TNRCC, any person affected by any rule or regulation of the TNRCC shall file additional emissions data with the TNRCC.
82    (c) Calculations.  Actual measurement with continuous emissions monitoring systems (CEMS) is the preferred method of calculating emissions from a source.  Other means for determining actual emissions may be utilized if CEMS data is not available in accordance with detailed instructions of the Emissions Inventory Division of the TNRCC.

82    (d) Certifying Statement.  A certifying statement, required by §182(a)(3)(B) of the FCAA, is to be signed by the owner(s) or operator(s) and shall accompany each emissions inventory to attest that the information contained in the inventory is true and accurate to the best knowledge of the certifying official. 

82    (e) Reporting Requirements.  The IEI or initial AEIU and the 1992 Ozone Nonattainment Area Inventory shall be submitted to the TNRCC no later than March 31, 1993.  Subsequent AEIUs and Ozone Nonattainment Area Inventories shall contain emissions data from the previous calendar year and shall be due on March 31 of each year.  The 1992-1993 CO Nonattainment Area Inventory shall be submitted no later than June 30, 1993 and every three years thereafter.

82    (f) Enforcement.  Failure to submit emissions inventory data as required in this section shall result in formal enforcement action under the Texas Clean Air Act, §382.082 and §382.088.  In addition, §361.2225 of the Texas Clean Air Act provides for criminal penalties for failure to comply with this section.

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