(d) The owner or operator of a boiler or combustion
turbine, as defined in §101.1 of this title, 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 if the notice
submitted under subsection (a) of this section contains the information
required under subsection (b) of this section.
(e) As soon as practicable, but not later than 24
hours after the discovery of an excess opacity event, as defined
in §101.1 of this title, where the owner or operator was not
already required to provide an initial 24-hour 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 regulated
entity is located, and all appropriate local air pollution control
agencies with jurisdiction. In the notification, the owner or operator
shall identify:
(1) the name of the owner or operator of the regulated
entity experiencing the excess opacity event;
(2) the commission Regulated Entity Number and air
account number of the regulated entity experiencing an opacity event,
if a Regulated Entity Number and air account number exists, or if
there is not a Regulated Entity Number, the air account number of
the regulated entity. If a Regulated Entity Number and air account
number do not exist, then identify the location of the release and
a contact telephone number;
(3) the physical location of the excess opacity event;
(4) the common name of the process units or areas,
the common name of the facilities where the excess opacity event
occurred, and the common name of the emission points 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;
(7) the estimated opacity;
(8) the authorized opacity limit for the facilities
having the excess opacity event;
(9) the best known cause of the excess opacity event
at the time of the notification; and
(10) the actions taken, or being taken, to correct
the excess opacity event.
(f) The owner or operator of any regulated entity
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 must include at least an analysis of the probable causes
of each emissions event and any necessary actions to prevent or minimize
recurrence. The evaluation must be submitted in writing to the executive
director and to the appropriate local air pollution agencies with
jurisdiction within 60 days from the date of request. The 60-day
period may be extended by the executive director. Additionally, the
owner or operator of a regulated entity experiencing an emissions
event must provide, in writing, additional or more detailed information
regarding the emissions event when requested by the executive director
or any air pollution control agency with jurisdiction, within the
time established in the request.
(g) On and after January 1, 2003, notifications and
reports required in subsection (c) of this section must be submitted
electronically to the commission using the electronic forms provided
by the commission. On and after January 1, 2004, notifications required
in subsections (a) and (e) of this section must be submitted via
commission's secure Web server, facsimile, or electronic mail to
the commission using electronic forms provided by the commission.
Notwithstanding the requirement to report initial 24-hour notifications
electronically after January 1, 2004, the owner or operator of a
regulated entity experiencing a reportable emissions event that also
requires an initial notification under §327.3 of this title,
is not required to report the event electronically under this section
provided the owner or operator complies with the requirements under §327.3
of this title and in subsections (a) and (c) of this section. If
the initial notification is not submitted by using an online form
on the commission's secure Web server, the owner or operator must
submit the identical information on the commission's secure Web server
within 48 hours of discovery of the event. 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 that meet the small business definition in Texas
Water Code, §5.135(g)(2) and to appropriate local air pollution
control agencies with jurisdiction. Small businesses shall provide
notifications and reporting by any viable means that meet the time
frames required by this section.
(h) Annual emissions event reporting: beginning in
calendar year 2007, on or before March 31 of each calendar year or
as directed by the executive director, each owner or operator of
a regulated entity, as defined in §101.1 of this title that
is subject to reporting under §101.10 of this title (relating
to Emissions Inventory Requirements), that experienced at least one
emissions event during the calendar year shall report to the executive
director, and all appropriate local air pollution control agencies
with jurisdiction, the following:
(1) the total number of reportable and the total number
of non-reportable emissions events experienced at the regulated entity;
(2) the estimated total quantities for all compounds
or mixtures of air contaminants, by compound or mixture, in the definition
of RQ in §101.1 of this title that, by facility, were emitted
during emissions events at the regulated entity. Compounds or mixtures
of air contaminants, that have an RQ greater than or equal to 100
pounds and the amount released is less than one pound in a 24-hour
period, are not required to be included in the report. Good engineering
practice and methods must be used to provide reasonably accurate
representations for emissions and opacity. This paragraph does not
apply to boilers and combustion turbines referenced in the definition
of RQ in §101.1 of this title that must report only the estimated
opacities during emissions events and duration of unauthorized opacity;
and
(3) owners and operators of regulated entities that
are subject to reporting under §101.10 of this title shall provide
the information required by this subsection as part of their reporting
under §101.10 of this title.
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Source Note: The provisions of this §101.201 adopted to be effective September 12, 2002, 27 TexReg 8499; amended to be effective January 5, 2006, 30 TexReg 8884; amended to be effective April 17, 2014, 39 TexReg 2875; amended to be effective July 30, 2015, 40 TexReg 4767 |