Regulatory Text: 
SUBCHAPTER F:  EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES

DIVISION 1:  EMISSIONS EVENTS, §101.201

§101.201.  Emissions Event Reporting and Recordkeeping Requirements.
As adopted by TNRCC August 21, 2002, effective September 12, 2002 (G-72).
Approved by EPA March 30, 2005 (70 FR 16129) effective April 29, 2005 (TXd53).


     (a)  The following requirements for reportable emissions events shall apply.

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

               (A)  determine if the event is a reportable emissions event; and

               (B)  notify the commission office for the region in which the facility is located, and all appropriate local air pollution control agencies, if the emissions event is reportable.

          (2)  The notification for reportable emissions events for each facility, except for boilers or combustion turbines referenced in the definition of reportable quantity (RQ) in §101.1 of this title (relating to Definitions) shall at a minimum, identify:

               (A)  the name of the owner or operator of the facility experiencing an emissions event;

               (B)  the commission air account number of the facility experiencing an emissions event, if an account number exists;

               (C)  the physical location of the point at which emissions to the atmosphere occurred;

               (D)  the common name of the process unit or area, the common name of the facility which incurred the emissions event, and the common name of the emission point where the unauthorized emissions were released to the atmosphere;

               (E)  the date and time of the discovery of the emissions event;

               (F)  the estimated duration of the emissions event;

               (G)  the compound descriptive type of the individually listed compounds or mixtures of air contaminants, in the definition of RQ in §101.1 of this title, which are known through common process knowledge, past engineering analysis, or testing to have equaled or exceeded the RQ;

               (H)  the estimated total quantities and the authorized emissions limits for those compounds or mixtures described in subparagraph (G) of this paragraph, and, if applicable,  the estimated opacity and the authorized opacity limit;

               (I)  the cause of the emissions event, if known; and
               (J)  the actions taken, or being taken, to correct the emissions event and minimize the emissions.

          (3)  The notification for reportable emissions events for boilers or combustion turbines referenced in the definition of RQ in §101.1 of this title shall identify:

               (A)  the name of the owner or operator of the facility experiencing an emissions event;

               (B)  the commission air account number of the facility experiencing an emissions event, if an account number exists;

               (C)  the physical location of the point from which the opacity occurred;

               (D)  the cause of the emissions event, if known;

               (E)  the common name of the process unit or area, the common name and the agency-established facility identification number of the facility that experienced the emissions event, and the common name and the agency-established emission point number where the unauthorized emissions were released to the atmosphere.  Owners or operators of those facilities and emission points for which the agency has not established facility identification numbers or emission point numbers are not required to provide the facility identification number and emission point number in the report, but are required to provide the common names in the report;

               (F)  the date and time of the discovery of the emissions event;

               (G)  the estimated duration or expected duration of the emissions event;

               (H)  the estimated opacity;

               (I)  the authorized opacity limit for the source having the emissions event; and

               (J)  the actions taken, or being taken, to correct the emissions event and minimize the emissions.

          (4)  The owner or operator of a facility experiencing an emissions event must provide, in writing, additional or more detailed information on the emissions event when requested by the executive director or any air pollution control agency with jurisdiction, within the time frames established in the request.

          (5)  The owner or operator of a facility experiencing a reportable emissions event which also requires an initial notification under §327.3 of this title (relating to Notification Requirements) may satisfy the initial notification requirements of this section by complying with the requirements under §327.3 of this title.

     (b)  The owner or operator of a facility experiencing an emissions event shall create a final record of all reportable and non-reportable emissions events as soon as practicable, but no later than two weeks after the end of an emissions event.  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 emissions events may be maintained at the staffed location within Texas that is responsible for the day-to-day operations of the site.  Such records shall identify:

          (1)  the name of the owner or operator of the facility experiencing an emissions event;

          (2)  the commission air account number of the facility experiencing an emissions event, if the account number exists;

          (3)  the physical location of the point at which emissions to the atmosphere occurred ;

          (4)  the common name of the process unit or area, the common name and the agency-established facility identification number of the facility that experienced the emissions event, and the common name and the agency-established emission point number where the unauthorized emissions were released to the atmosphere.  Owners or operators of those facilities and emission points for which the agency has not established facility identification numbers or emission point numbers are not required to provide the facility identification number and emission point number in the report, but are required to provide the common names in the report.

          (5)  the date and time of the discovery of the emissions event;

          (6)  the estimated duration of the emissions event;

          (7)  the compound descriptive type of all individually listed compounds or mixtures of air contaminants, in the definition of RQ in §101.1 of this title, which are known through common process knowledge or past engineering analysis or testing to have been released during the emissions event, except for boilers or combustion turbines referenced in the definition of RQ in §101.1 of this title;

          (8)  the estimated total quantities for those compounds or mixtures described in paragraph (7) of this subsection, the preconstruction authorization number or rule citation of the standard permit, permit by rule, or rule governing the facility involved in the emissions event, authorized emissions limits for the facility involved in the emissions events, and, if applicable, the estimated opacity and authorized opacity limit, except for boilers or combustion turbines referenced in the definition of RQ in §101.1 of this title which record only the authorized opacity limit and the estimated opacity during the emissions event;

          (9)  the basis used for determining the quantity of air contaminants emitted, except for boilers or combustion turbines referenced in the definition of RQ in §101.1 of this title;

          (10)  the cause of the emissions event;

          (11)  the actions taken, or being taken, to correct the emissions event and minimize the emissions; and

          (12)  any additional information necessary to evaluate the emissions event.
     (c)  For all reportable emissions events, 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 office for the region in which the facility is located no later than two weeks after the end of the emissions event.  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 emissions event, provided the initial notification was submitted electronically in accordance with subsection (g) of this section.

     (d)  The owner or operator of a boiler or combustion turbine fueled by natural gas, coal, lignite, wood, or fuel oil containing hazardous air pollutants at a concentration of less than 0.02% by weight, that is equipped with a continuous emission monitoring system that completes a minimum of one operating cycle (sampling, analyzing, and data recording) for each successive 15_minute interval, and is required to submit excess emission reports by other state or federal requirements, is exempt from creating, maintaining, and submitting final records of reportable and non-reportable emissions events of the boiler or combustion turbine under subsections (b) and (c) of this section as long as the notice submitted under subsection (a) of this section contains the information required under subsection (b) of this section.

     (e)  An owner or operator of a facility has an excess opacity event when it has opacity reading(s) equal to or exceeding 15 additional percentage points above the applicable opacity limit, averaged over a six-minute period.  As soon as practicable, but not later than 24 hours after the discovery of an excess opacity event where the owner or operator was not already required to provide a notification under subsection (a)(2) or (3) of this section, the owner or operator shall notify the commission office for the region in which the facility is located, and all appropriate local air pollution control agencies.  In the notification, the owner or operator shall identify:

          (1)  the name of the owner or operator of the facility experiencing the excess opacity event;

          (2)  the commission air account number of the facility experiencing an excess opacity event, if an account number exists;

          (3)  the physical location of the excess opacity event;

          (4)  the common name of the process unit or area, the common name of the facility where the excess opacity event occurred, and the common name of the emission point where the excess opacity event occurred;

          (5)  the date and time of the discovery of the excess opacity event;

          (6)  the estimated duration of the excess opacity event;

          (7)  the estimated opacity;

          (8)  the authorized opacity limit for the source having the excess opacity event;
               
          (9)  the cause of the excess opacity event, if known; and
               
          (10)  the actions taken, or being taken, to correct the excess opacity event.

     (f)  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 each emissions event.  The evaluation shall include at least an analysis of the probable causes of each emissions event 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.

     (g)  On and after January 1, 2003, notifications and reports required in subsections (c) and (e) of this section shall be submitted electronically to the commission using the electronic forms provided by the commission.  On and after January 1, 2004, notifications required in subsection (a) of this section shall be submitted electronically to the commission using electronic forms provided by the commission.  Notwithstanding the requirement to report initial notifications electronically after January 1, 2004, the owner or operator of a facility experiencing a reportable emissions event, which also requires an initial notification under §327.3 of this title, is not required to report the event electronically under this subsection provided the owner or operator complies with the requirements under §327.3 of this title and in subsections (a) and (c) of this section.  Owners and operators must report emissions events electronically by using an online form on the commission’s secure web server.  In the event the commission’s server is unavailable due to technical failures or scheduled maintenance, events may be reported via facsimile to the appropriate regional office.  The commission will provide an alternative means of notification in the event that the commission’s electronic reporting system is inoperative.  Electronic notification and reporting is not required for small businesses which meet the small business definition in TCAA, §382.0365(g)(2).  Small businesses shall provide notifications and reporting by any viable means which meet the time frames required by this section.

     (h)  In the event the owner or operator of a facility fails to report as required by subsection (a)(2) or (3), (b), or (e) of this section, the commission will initiate enforcement for such failure to report and for the underlying emissions event itself.  This subsection does not apply where an owner or operator reports an emissions event and the report was incomplete, inaccurate, or untimely, unless the owner or operator knowingly or intentionally falsified the information in the report.

Adopted by TNRCC August 21, 2002, effective September 12, 2002
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