Regulatory Text: 

§101.11.  Demonstrations.
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)  Upset emissions are exempt from compliance with air emission limitations established in permits, rules, and orders of the commission, or as authorized by TCAA, §382.0518(g) if the owner or operator complies with the requirements of §101.6 of this title (relating to Upset Reporting and Recordkeeping Requirements) and satisfies all of the following:

          (1)  the unauthorized emissions were caused by a sudden breakdown of equipment or process, beyond the control of the owner or operator;

          (2)  the unauthorized emissions did not stem from any activity or event that could have been foreseen and avoided and could not have been avoided by good design, operation, and maintenance practices;

          (3)  the air pollution control equipment or processes were maintained and operated in a manner consistent with good practice for minimizing emissions;

          (4)  prompt action was taken to achieve compliance once the operator knew or should have known that applicable emission limitations were being exceeded;

          (5)  the amount and duration of the unauthorized emissions and any bypass of pollution control equipment were minimized;

          (6)  all emission monitoring systems were kept in operation if possible;

          (7)  the owner or operator’s actions in response to the unauthorized emissions were documented by, contemporaneous operation logs, or other relevant evidence; and

          (8)  the unauthorized emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and

          (9)  unauthorized emissions do not cause or contribute to a condition of air pollution.

     (b)  Emissions from any maintenance, start-up, or shutdown are exempt from compliance with air emission limitations established in permits, rules, and orders of the commission, or as authorized by TCAA, §382.0518(g) if the owner or operator complies with the requirements of §101.7 of this title (relating to Maintenance, Start-up and Shutdown Reporting, Recordkeeping, and Operational Requirements) and satisfies all of the following:

          (1)  the periods of unauthorized  emissions from any maintenance, start-up, or shutdown and could not have been prevented through planning and design;

          (2)  the unauthorized emissions from any maintenance, start-up, or shutdown were not part of a recurring pattern indicative of inadequate design, operation, or maintenance;

          (3)  if the unauthorized emissions from any maintenance, start-up, or shutdown were caused by a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

          (4)  the facility and air pollution control equipment were operated in a manner consistent with good practice for minimizing emissions;

          (5)  the frequency and duration of operation in maintenance, startup, or shutdown mode resulting in unauthorized emissions was minimized;

          (6)  all emissions monitoring systems were kept in operation if possible; and

          (7)  the owner or operator’s actions during the period of unauthorized emissions from any maintenance, start-up, or shutdown were documented by contemporaneous operating logs, or other relevant evidence; and

          (8)  unauthorized emissions do not cause or contribute to a condition of air pollution.

     (c)  Smoke generators and other devices used for training inspectors in the evaluation of visible emissions at a training school approved by the commission are not required to meet the allow able emission levels set by the rules and regulations, but must be located and operated such that a nuisance is not created at any time.

     (d)  Equipment, machines, devices, flues, and/or contrivances built or installed to be used at a domestic residence for domestic use are not required to meet the allowable emission levels set by the rules and regulations unless specifically required by a particular regulation.

     (e)  Sources emitting air contaminants which cannot be controlled or reduced due to a lack of technological knowledge may be exempt from the applicable rules and regulations when so determined and ordered by the commission.  The commission may specify limitations and conditions as to the operation of such exempt sources.  The commission will not exempt sources from complying with any federal requirements.

     (f)  The owner or operator has the burden of proof to demonstrate that the criteria identified in subsection (a) of this section for upsets, or in subsection (b) of this section for maintenance, start-up, or shutdown occurrences are satisfied for each occurrence of unauthorized emissions.  The executive director or any air pollution program with jurisdiction may request documentation of the criteria in subsections (a) and (b) of this section at their discretion.  Satisfying the burden of proof is a condition to unauthorized emissions being exempt under this section.

     (g)  This section does not limit the commission’s power to require corrective action as necessary to minimize emissions, or to order any action indicated by the circumstances to control a condition of air pollution.

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

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