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

DIVISION 2:  MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES, §101.211

§101.211.  Scheduled Maintenance, Startup, and Shutdown 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 owner or operator of a facility conducting a scheduled maintenance, startup, or shutdown activity shall notify the commission 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 scheduled maintenance, startup, or shutdown activity which is expected to cause an unauthorized emission which equals or exceeds the reportable quantity (RQ) as defined in §101.1 of this title (relating to Definitions) in any 24-hour period and/or an activity where the owner or operator expects only an excess opacity event that is subject to §101.201(e) of this title (relating to Emissions Event Reporting and Recordkeeping Requirements).  If notice cannot be given ten days prior to a scheduled maintenance, startup, or shutdown activity, notification shall be given as soon as practicable prior to the scheduled activity.  Maintenance, startup, or shutdown activities where the actual emissions exceed the emissions in the notification or for which a notification was not submitted are emissions events.  Excess opacity events where unauthorized emissions result are emissions events. Owners and operators of facilities that exceed the emissions or opacity estimate submitted in the notification or experience unauthorized emissions during an expected excess opacity event shall report such events as emissions events in accordance with the requirements in §101.201 of this title and §101.222 of this title (relating to Demonstrations).

          (1)  The notification for a scheduled maintenance, startup, or shutdown activity, except for boilers and combustion turbines referenced in the definition of RQ in §101.1 of this title, shall identify:

               (A)  the name of the owner or operator;

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

               (C)  the physical location of the point at which emissions from the scheduled maintenance, startup, or shutdown activity will occur;

               (D)  the type of scheduled maintenance, startup, or shutdown activity and the reason for the scheduled activity;

               (E)  the expected date and time of the scheduled maintenance, startup, or shutdown activity;

               (F)  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;

               (G)  the expected duration of the scheduled maintenance, startup, or shutdown activity;

               (H)  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 through common process knowledge or past engineering analysis or testing are expected to equal or exceed the RQ ;

               (I)  the estimated total quantities for those compounds or mixtures described in subparagraph (H) of this paragraph, the preconstruction authorization number or rule citation of the standard permit, permit by rule, or rule governing the facility involved in the activity, authorized emissions limits for the facility involved in the emissions activity, and, if applicable, the estimated opacity and the authorized opacity limit;

               (J)  the basis used for determining the quantity of air contaminants to be emitted; and

               (K)  the actions taken to minimize the emissions from the scheduled maintenance, startup, or shutdown activity.

          (2)  The notification for a scheduled maintenance, startup, or shutdown activity involving a boiler or combustion turbine referenced in the definition of RQ in §101.1 of this title, or where the owner or operator expects only an excess opacity event and the owner or operator was not already required to provide a notification under paragraph (1) of this subsection, shall identify:

               (A)  the name of the owner or operator;

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

               (C)  the physical location of the scheduled maintenance, startup, or shutdown activity;

               (D)  the type of scheduled maintenance, startup, or shutdown activity and the reason for the scheduled activity;

               (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 excess opacity event, and the common name and the agency-established emission point number where the excess opacity event occurred.  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 expected date and time of the scheduled maintenance, startup, or shutdown activity;

               (G)  the estimated duration of the scheduled maintenance, startup, or shutdown activity;
               (H)  the estimated opacity and the authorized opacity limit; and

               (I)  the actions taken, or being taken, to minimize the emissions from the scheduled maintenance, startup, or shutdown activity.

     (b)  The owner or operator of a facility conducting a scheduled maintenance, startup, or shutdown activity shall create a final record of all scheduled maintenance, startup, and shutdown activities with unauthorized emissions, or with opacity exceedances from boilers and combustion turbines referenced in the definition of RQ in §101.1 of this title.  The final record shall be created as soon as practicable, but no later than two weeks after the end of each scheduled activity.  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 scheduled maintenance, startup, and shutdown activities may be maintained at the staffed location within Texas that is responsible for day-to-day operations of the site.  Such scheduled activity records shall identify:

          (1)  the name of the owner or operator;

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

          (3)  the physical location of the scheduled point at which emissions from the maintenance, startup, or shutdown activity will occur;

          (4)  the type of scheduled maintenance, startup, or shutdown activity and the reason for the scheduled activity;

          (5)  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;

          (6)  the date and time of the scheduled maintenance, startup, or shutdown activity;

          (7)  the duration of the scheduled maintenance, startup, or shutdown activity;

          (8)  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 scheduled maintenance, startup, or shutdown activity, except for boilers or combustion turbines referenced in the definition of RQ in §101.1 of this title;

          (9)  the estimated total quantities and the authorized emissions limits for those compounds or mixtures described in paragraph (8) 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 scheduled maintenance, startup, or shutdown activity, authorized emissions limits for the facility involved in the scheduled maintenance, startup, or shutdown activity, 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;

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

          (11)  the actions taken to minimize the emissions from the scheduled maintenance, startup, or shutdown activity.

     (c)  For any scheduled maintenance, startup, or shutdown activity for which an initial notification was submitted under subsection (a) of this section, if the information required in subsection (b) of this section differs from the information provided 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 scheduled activity.  If the owner or operator does not submit a record under this subsection, the information provided under subsection (a) of this section will be the final record of the scheduled activity.

     (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 emissions reports by other state or federal regulations, is exempt from creating, maintaining, and submitting final records of scheduled maintenance, startup, and shutdown activities with unauthorized emissions 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)  The executive director may specify the amount, time, and duration of emissions that will be allowed during the scheduled maintenance, startup, or shutdown activity.  The owner or operator of any source subject to the provisions of this section shall submit a technical plan for any scheduled maintenance, startup, or shutdown activity when requested by the executive director.  The plan shall contain a detailed explanation of the means by which emissions will be minimized during the scheduled maintenance, startup, or shutdown activity.  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 August 21, 2002, effective September 12, 2002 (G-72).
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