|(a) For purposes of determining applicability of the
Federal Operating Permit Program under this chapter, the owner or
operator of stationary sources without any other federally-enforceable
emission rate may limit their sources' potential to emit by maintaining
a certified registration of emissions, which shall be federally enforceable.
Emission rates in new source review permits under Chapter 116 of this
title (relating to Control of Air Pollution by Permits for New Construction
or Modification) and certified registrations provided for under Chapter
106 of this title (relating to Permits by Rule) or Chapter 116 of
this title are also federally-enforceable emission rates.
(b) All representations in any registration of emissions
under this section with regard to emissions, production or operational
limits, monitoring, and reporting shall become conditions upon which
the stationary source shall operate. It shall be unlawful for any
person to vary from such representation unless the registration is
(c) The registration of emissions shall include documentation
of the basis of emission rates and a certification, in accordance
with §122.165 of this title (relating to Certification by a Responsible
Official), that the maximum emission rates listed on the registration
reflect the reasonably anticipated maximums for operation of the stationary
(d) In order to qualify for registrations of emissions
under this section, the maximum emission rates listed in the registration
must be less than those rates defined for a major source in §122.10
of this title (relating to General Definitions).
(e) The certified registrations of emissions shall
be submitted 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 December
11, 2002, shall be submitted on or before February 3, 2003.
(2) Certified registrations established on or after
December 11, 2002, shall be submitted no later than the date of operation.
(f) All certified registrations and records demonstrating
compliance with a certified registration shall be maintained on-site
and shall be provided, upon request, during regular business hours
to representatives of the appropriate commission regional office and
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
|Source Note: The provisions of this §122.122 adopted to be effective September 20, 1993, 18 TexReg 5989; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective April 17, 2014, 39 TexReg 2927; amended to be effective February 23, 2017, 42 TexReg 688