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RULE §106.6Registration of Emissions

(a) An owner or operator may certify and register the maximum emission rates from facilities permitted by rule under this chapter in order to establish federally-enforceable allowable emission rates which are below the emission limitations in §106.4 of this title (relating to Requirements for Permitting by Rule).

(b) All representations with regard to construction plans, operating procedures, and maximum emission rates in any certified registration under this section become conditions upon which the facility permitted by rule shall be constructed and operated.

(c) It shall be unlawful for any person to vary from such representation if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in an increase in the discharge of the various emissions, unless the certified registration is first revised.

(d) The certified registration must include documentation of the basis of emission estimates and a written statement by the registrant certifying that the maximum emission rates listed on the registration reflect the reasonably anticipated maximums for operation of the facility.

(e) Certified registrations used to demonstrate that Chapter 122 of this title (relating to Federal Operating Permits) does not apply to a source shall be submitted on the required form to the executive director; to the appropriate commission regional office; and to all local air pollution control agencies having jurisdiction over the site.

  (1) Certified registrations established prior to the effective date of this rule shall be submitted on or before February 3, 2003.

  (2) Certified registrations established on or after the effective date of this rule shall be submitted no later than the date of operation.

(f) All certified registrations shall be maintained on-site and be provided immediately upon request by representatives of the commission or any local air pollution control agency having jurisdiction over the site. If however, the site normally operates unattended, certified registrations and records demonstrating compliance with the certified registration must be maintained at an office within Texas having day-to-day operational control of the site. Upon request, the commission shall make any such records of compliance available to the public in a timely manner.

(g) Copies of certified registrations shall be included in permit applications subject to review under Chapter 116, Subchapter B of this title (relating to New Source Review Permits).

Source Note: The provisions of this §106.6 adopted to be effective November 15, 1996, 21 TexReg 10881; amended to be effective September 4, 2000, 25 TexReg 8653; amended to be effective December 11, 2002, 27 TexReg 11569

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