| (a) Owners or operators of facilities and sources that are
de minimis as designated in §116.119 of this title (relating to De Minimis
Facilities or Sources) are not subject to this section.
(b) Owners or operators of facilities operating under a permit
by rule (PBR) in Subchapter C of this chapter (relating to Domestic and Comfort
Heating and Cooling) or under those PBRs that only name the type of facility
and impose no other conditions in the PBR itself do not need to comply with
specific recordkeeping requirements of subsection (c) of this section. A list
of these PBRs will be available through the commission's Austin central office,
regional offices, and the commission's website. Upon request from the commission
or any air pollution control program having jurisdiction, claimants must provide
information that would demonstrate compliance with §106.4 of this title
(relating to Requirements for Permitting by Rule), or the general requirements,
if any, in effect at the time of the claim, and the PBR under which the facility
is authorized.
(c) Owners or operators of all other facilities authorized
to be constructed and operate under a PBR must retain records as follows:
(1) maintain a copy of each PBR and the applicable general
conditions of §106.4 of this title or the general requirements, if any,
in effect at the time of the claim under which the facility is operating.
The PBR and general requirements claimed should be the version in effect at
the time of construction or installation or changes to an existing facility,
whichever is most recent. The PBR holder may elect to comply with a more recent
version of the applicable PBR and general requirements;
(2) maintain records containing sufficient information to demonstrate
compliance with the following:
(A) all applicable general requirements of §106.4 of this
title or the general requirements, if any, in effect at the time of the claim;
and
(B) all applicable PBR conditions;
(3) keep all required records at the facility site. If however,
the facility normally operates unattended, records must be maintained at an
office within Texas having day-to-day operational control of the plant site;
(4) make the records available in a reviewable format at the
request of personnel from the commission or any air pollution control program
having jurisdiction;
(5) beginning April 1, 2002, keep records to support a compliance
demonstration for any consecutive 12-month period. Unless specifically required
by a PBR, records regarding the quantity of air contaminants emitted by a
facility to demonstrate compliance with §106.4 of this title prior to
April 1, 2002 are not required under this section; and
(6) for facilities located at sites designated as major in
accordance with §122.10(13) of this title (relating to General Definitions)
or subject to or potentially subject to any applicable federal requirement,
retain all records demonstrating compliance for at least five years. For facilities
located at all other sites, all records demonstrating compliance must be retained
for at least two years. These record retention requirements supercede any
retention conditions of an individual PBR.
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