Unless otherwise specified in the permit, the following compliance
certification requirements shall become terms and conditions of the
permit.
(1) The permit holder shall certify compliance with
the terms and conditions of the permit as follows:
(A) The permit holder shall certify compliance for
at least each 12-month period following initial permit issuance;
(B) The permit holder shall certify compliance after
the voidance of an issued permit, covering the period from the date
of the last certification to the date the permit is voided; and
(C) The permit holder shall certify compliance after
the effective date of any change of ownership of the permitted emission
unit(s). The certification shall cover the period from the date of
the last certification to the effective date of the change of ownership.
(2) A compliance certification shall be submitted to
the executive director and the United States Environmental Protection
Agency (EPA) administrator within 30 days of any certification period
or event listed under paragraph (1) of this section.
(3) The executive director shall make a copy of the
compliance certification accessible to the EPA.
(4) The certification shall be based on at a minimum,
but not limited to, the monitoring method (or recordkeeping method,
if appropriate) required by the permit to be used to assess compliance.
If necessary, the permit holder shall identify any other material
information that must be included in the certification to comply with
Federal Clean Air Act, §113(c)(2), which prohibits knowingly
making a false certification or omitting material information.
(5) Each compliance certification shall include or
reference the following information:
(A) the identification of each term or condition of
the permit for which the permit holder is certifying compliance, the
method used for determining the compliance status of each emission
unit, and whether such method provides continuous or intermittent
data;
(B) for emission units addressed in the permit for
which no deviations have occurred over the certification period, a
statement that the emission units were in continuous compliance over
the certification period;
(C) for any emission unit addressed in the permit for
which one or more deviations occurred over the certification period,
the following information indicating the potentially intermittent
compliance status of the emission unit:
(i) the identification of the emission unit;
(ii) the applicable requirement for which a deviation
occurred;
(iii) the monitoring method (or recordkeeping method,
if appropriate) used to assess compliance;
(iv) the frequency with which sampling, monitoring,
or recordkeeping was required to be conducted by the monitoring or
recordkeeping requirement of the permit; and
(v) the total number of times that the assessment required
by the monitoring or recordkeeping method specified in the permit
indicated that a deviation had occurred;
(D) the identification of all other terms and conditions
of the permit for which compliance was not achieved; and
(E) the compliance certification does not need to include
any information regarding facilities identified as de minimis under §116.119
of this title (relating to De Minimis Facilities or Sources) unless
the facilities or sources are subject to an applicable requirement.
(6) The executive director may request additional information
if necessary to determine the compliance status of an emission unit.
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Source Note: The provisions of this §122.146 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective November 22, 2018, 43 TexReg 7548 |