|(a) Applicability. The owner or operator of an account
or source in the State of Texas or on waters that extend 9.0 nautical
miles from the shoreline meeting one or more of the following conditions
shall submit emissions inventories or related data as required in
subsection (b) of this section to the commission on media approved
by the commission:
(1) an account which meets the definition of a major
facility/stationary source, as defined in §116.12 of this title
(relating to Nonattainment and Prevention of Significant Deterioration
(2) any account in an ozone nonattainment area emitting
a minimum of ten tons per year (tpy) volatile organic compounds (VOC),
25 tpy nitrogen oxides (NOX ), or 100
tpy or more of any other contaminant subject to National Ambient Air
Quality Standards (NAAQS);
(3) any account that emits 0.5 tpy or more of lead
(4) any account that emits or has the potential to
emit 100 tpy or more of any contaminant, except for greenhouse gases
as listed in §101.1 of this title (relating to Definitions) individually
(5) any account which emits or has the potential to
emit 10 tpy of any single or 25 tpy of aggregate hazardous air pollutants
as defined in Federal Clean Air Act (FCAA), §112(a)(1); and
(6) any minor industrial source, area source, non-road
mobile source, or mobile source of emissions subject to special inventories
under subsection (b)(3) of this section. For purposes of this section,
the term "area source" means a group of similar activities that, taken
collectively, produce a significant amount of air pollution.
(b) Types of inventories.
(1) Initial emissions inventory. Accounts, as identified
in subsection (a)(1), (2), (3), (4), or (5) of this section, shall
submit an initial emissions inventory (IEI) for any criteria pollutant
or hazardous air pollutant (HAP) that has not been identified in a
previous inventory. The IEI shall consist of actual emissions of VOC,
NOX , carbon monoxide (CO), sulfur dioxide
(SO2 ), Pb, particulate matter with an
aerodynamic diameter less than or equal to 10 micrometers (PM10 ), particulate matter with an aerodynamic
diameter less than or equal to 2.5 micrometers (PM2.5
), any other contaminant subject to an NAAQS, emissions of
all HAPs identified in FCAA, §112(b), or any other contaminant
requested by the commission from individual emission units within
an account. For purposes of this section, the term "actual emission"
is the actual rate of emissions of a pollutant from an emissions unit
as it enters the atmosphere. The reporting year will be the calendar
year or seasonal period as designated by the commission. Reported
emission activities must include annual routine emissions; excess
emissions occurring during maintenance activities, including start-ups
and shutdowns; and emissions resulting from upset conditions. For
the ozone nonattainment areas, the inventory shall also include typical
weekday emissions that occur during the summer months. For CO nonattainment
areas, the inventory shall also include typical weekday emissions
that occur during the winter months. Emission calculations must follow
methodologies as identified in subsection (c) of this section.
(2) Statewide annual emissions inventory update (AEIU).
Accounts meeting the applicability requirements during an inventory
reporting period as identified in subsection (a)(1), (2), (3), (4),
or (5) of this section shall submit an AEIU that consists of actual
emissions as identified in paragraph (1) of this subsection if any
of the following criteria are met. If none of the following criteria
are met, a letter certifying such shall be submitted instead:
(A) any change in operating conditions, including start-ups,
permanent shut-downs of individual units, or process changes at the
account, that results in at least a 5.0% or 5 tpy, whichever is greater,
increase or reduction in total annual emissions of VOC, NOX , CO, SO2 , Pb,
PM10 , or PM2.5 from
the most recently submitted emissions data of the account; or
(B) a cessation of all production processes and termination
of operations at the account.
(3) Special inventories. Upon request by the executive
director or a designated representative of the commission, any person
owning or operating a source of air emissions which is or could be
affected by any rule or regulation of the commission shall file emissions-related
data with the commission as necessary to develop an inventory of emissions.
Owners or operators submitting the requested data may make special
procedural arrangements with the Emissions Assessment Section to submit
data separate from routine emission inventory submissions or other
arrangements as necessary to support claims of confidentiality.
(c) Calculations. Actual measurement with continuous
emissions monitoring systems (CEMS) is the preferred method of calculating
emissions from a source. If CEMS data is not available, other means
for determining actual emissions may be utilized in accordance with
detailed instructions of the commission. Sample calculations representative
of the processes in the account must be submitted with the inventory.
(d) Certifying statements.
(1) A certifying statement, required by FCAA, §182(a)(3)(B),
is to be signed by the owner(s) or operator(s) and shall accompany
each emissions inventory to attest that the information contained
in the inventory is true and accurate to the best knowledge of the
(2) A certifying statement, required by Texas Health
and Safety Code, §382.0215(f) is to be signed by the owner(s)
or operators(s) required to submit an emissions inventory and shall
be submitted with each emission inventory if no emissions events were
experienced at the site during the reporting year to the best knowledge
of the certifying official.
(e) Reporting requirements. The IEI or subsequent AEIUs
shall contain emissions data from the previous calendar year and shall
be due on March 31 of each year or as directed by the commission.
Owners or operators submitting emissions data may make special procedural
arrangements with the Emissions Assessment Section to submit data
separate from routine emission inventory submissions or other arrangements
as necessary to support claims of confidentiality. Emissions-related
data submitted under a special inventory request made under subsection
(b)(3) of this section are due as detailed in the letter of request.
(f) Enforcement. Failure to submit emissions inventory
data as required in this section shall result in formal enforcement
action under Texas Water Code, Chapter 7.
|Source Note: The provisions of this §101.10 adopted to be effective October 1, 1992, 17 TexReg 6452; amended to be effective January 27, 1995, 20 TexReg 221; amended to be effective December 23, 1999, 24 TexReg 11494; amended to be effective April 17, 2014, 39 TexReg 2875; amended to be effective July 28, 2016, 41 TexReg 5428