| (a) For a source that is subject to an emissions limit
in §112.242 of this title (relating to Control Requirements)
and that exceeds an applicable emission limit or fails to meet a required
stack parameter, the owner or operator shall submit to the Texas Commission
on Environmental Quality (TCEQ) Regional Office for the area where
the plant is located a report by March 31 of the year after an exceedance
occurs documenting the excess emissions during the preceding calendar
year, including at least the following:
(1) the date that each exceedance or failure to meet
a required stack parameter occurred;
(2) an explanation of the exceedance or failure to
meet a required stack parameter;
(3) a statement of whether the exceedance or failure
to meet a required stack parameter was concurrent with an authorized
maintenance, startup, or shutdown activity for, or malfunction of,
an affected source or control system;
(4) a description of the action taken, if any; and
(5) a written statement, signed by the owner or operator,
certifying the accuracy and completeness of the information contained
in the report.
(b) The owner or operator shall submit a copy of each
performance test report to the TCEQ Regional Office and any local
air pollution control agency having jurisdiction for the area where
the plant is located within 60 days after completion of the test.
(c) After the effective date of a determination by
the Environmental Protection Agency (EPA) that the Hutchinson County
sulfur dioxide (SO2) nonattainment area
has failed to attain the 2010 one-hour SO2 National
Ambient Air Quality Standard or failed to meet reasonable further
progress (RFP) pursuant to federal Clean Air Act §179(c), 42
United States Code §7509(c), the TCEQ will notify the owner or
operator of the failure to attain and that the contingency measures
in this subsection are triggered. Once notification is received from
the TCEQ, the owner or operator shall perform a full system audit
(FSA) of all SO2 sources subject to §112.240
of this title (relating to Applicability).
(1) Within 90 calendar days after the date of the notification,
the owner or operator shall submit the FSA, including recommended
provisional SO2 emission control strategies
as necessary, to the executive director of the TCEQ.
(2) As part of the FSA, the owner or operator shall
conduct a root cause analysis of the circumstances surrounding the
cause of the determination of failure to attain or failure to meet
RFP, including a review and consideration of the following:
(A) for all causes of the determination of failure
to attain or failure to meet RFP, at a minimum, hourly mass emissions
of SO2 from each SO2 source
subject to this division; and
(B) for a determination of failure to attain based
on ambient air monitor data or modeling data, at a minimum, the meteorological
conditions recorded at the monitor or other relevant meteorological
data, including the frequency distribution of wind direction temporally
correlated with SO2 readings greater
than 75 parts per billion at the monitor for which the EPA’s
determination of failure to attain was made; and any emissions event
that may have occurred. The root cause analysis and associated records
used to conduct the audit must consider information on the days that
monitored exceedances occurred during the time period that the EPA
evaluated in making the failure to attain determination.
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