(a) The owner or operator of a regulated entity conducting
a scheduled maintenance, startup, or shutdown activity 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 at least ten days prior to any scheduled maintenance,
startup, or shutdown activity that is expected to cause an unauthorized
emission that equals or exceeds the reportable quantity (RQ) as defined
in §101.1 of this title (relating to Definitions), by emissions
point in any 24-hour period and/or an activity where the owner or
operator expects only an excess opacity event as defined in §101.1
of this title. If notice cannot be given ten days prior to a scheduled
maintenance, startup, or shutdown activity, notification must be given
as soon as practicable prior to the scheduled activity. Maintenance,
startup, or shutdown activities where the actual emissions exceed
the emissions in the notification by more than an RQ or for which
a notification was not submitted prior to the activity are either
upsets or unplanned maintenance, startup, or shutdown activities,
depending upon the reason for exceeding the estimate. Excess opacity
events where unauthorized emissions result are emissions events. Owners
and operators of a regulated entity with emissions events shall report
such events as emissions events in accordance with the requirements
in §101.201 of this title (relating to Emissions Event Reporting
and Recordkeeping Requirements), or this section as applicable and §101.222
of this title (relating to Demonstrations).
(1) The notification for a scheduled maintenance, startup,
or shutdown activity, except for boilers and combustion turbines referenced
in the definition of RQ in §101.1 of this title, must identify:
(A) the name of the owner or operator;
(B) the commission Regulated Entity Number of the regulated
entity, if a Regulated Entity Number and air account number exist(s),
or if there is not a Regulated Entity Number, the air 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;
(C) the physical location of the points at which emissions
from the scheduled maintenance, startup, or shutdown activity will
occur;
(D) the type of scheduled maintenance, startup, or
shutdown activity and the reason for the scheduled activity;
(E) the expected date and time of the scheduled maintenance,
startup, or shutdown activity, and expected duration of any maintenance
activity;
(F) the common name of the process units or areas,
the common name and the agency-established facility identification
number of the facilities that will be involved in the emissions activity,
and the common name and the agency-established emission point numbers
where the unauthorized emissions may be released to the atmosphere.
Owners or operators of those facilities and emission points that the
agency has not established facility identification numbers or emission
point numbers for are not required to provide the facility identification
numbers and emission point numbers in the report, but are required
to provide the common names in the report;
(G) the expected duration of the emissions from the
scheduled maintenance, startup, or shutdown activity;
(H) the compound descriptive type of the individually
listed compounds or mixtures of air contaminants, in the definition
of RQ in §101.1 of this title, for all emission points involved
in the emissions activity, that through common process knowledge or
past engineering analysis or testing are expected to equal or exceed
the RQ. Compounds or mixtures of air contaminants, that have an RQ
greater than or equal to 100 pounds and the amount released is less
than ten pounds in a 24-hour period, are not required to be specifically
listed in the report, instead these compounds or mixtures of air contaminants
may be identified together as "other";
(I) the estimated total quantities for those compounds
or mixtures described in subparagraph (H) of this paragraph; the preconstruction
authorization number or rule citation of the standard permit, permit
by rule, or rule, if any, governing the facilities involved in the
activity; authorized emissions limits, if any, for the facilities
involved in the emissions activity, and, if applicable, the estimated
opacity and the authorized opacity limit. Good engineering practice
and methods must be used to provide reasonably accurate representations
for emissions and opacity. Estimated emissions from compounds or mixtures
of air contaminants that are identified as "other" under subparagraph
(H) of this paragraph, are not required for each individual compound
or mixture of air contaminants, however, a total estimate of emissions
must be provided for the category identified as "other";
(J) the basis used for determining the quantity of
air contaminants to be emitted; and
(K) the actions taken to minimize the emissions from
the scheduled maintenance, startup, or shutdown activity.
(2) The notification for a scheduled maintenance, startup,
or shutdown activity involving a boiler or combustion turbine referenced
in the definition of RQ in §101.1 of this title, or where the
owner or operator expects only an excess opacity event and the owner
or operator was not already required to provide a notification under
paragraph (1) of this subsection, must identify:
(A) the name of the owner or operator;
(B) the commission Regulated Entity Number of the regulated
entity, if a Regulated Entity Number and air account number exist(s),
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;
(C) the physical location of the scheduled maintenance,
startup, or shutdown activity;
(D) the type of scheduled maintenance, startup, or
shutdown activity and the reason for the scheduled activity;
(E) the common name of the process units or areas,
the common name and the agency-established facility identification
numbers of the facility that experienced the excess opacity event,
and the common name and the agency-established emission point numbers
where the excess opacity event occurred. Owners or operators of those
facilities and emission points that the agency has not established
facility identification numbers or emission point numbers for are
not required to provide the facility identification numbers and emission
point numbers in the report, but are required to provide the common
names in the report;
(F) the expected date and time of the scheduled maintenance,
startup, or shutdown activity, and expected duration of any maintenance
activity;
(G) the estimated duration of the emissions from the
scheduled maintenance, startup, or shutdown activity;
(H) the estimated opacity and the authorized opacity
limit for those emission points that unauthorized opacity is expected;
and
(I) the actions taken, or being taken, to minimize
the emissions from the scheduled maintenance, startup, or shutdown
activity.
(b) The owner or operator of a regulated entity conducting
a scheduled maintenance, startup, or shutdown activity shall create
a final record of all scheduled maintenance, startup, and shutdown
activities with unauthorized emissions, or with opacity exceedances
from boilers and combustion turbines referenced in the definition
of RQ in §101.1 of this title. The final record must be created
as soon as practicable, but no later than two weeks after the end
of each scheduled activity. Final records must be maintained on-site
for a minimum of five years and be made readily available upon request
to commission staff or personnel of any air pollution program with
jurisdiction. If a regulated entity is not normally staffed, records
of scheduled maintenance, startup, and shutdown activities may be
maintained at the staffed location within Texas that is responsible
for day-to-day operations of the regulated entity. Such scheduled
activity records must identify:
(1) for owners and operators of regulated entities
that were required to notify under subsection (a) of this section:
(A) the name of the owner or operator;
(B) the commission Regulated Entity Number of the regulated
entity, if a Regulated Entity Number and air account number exist(s),
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 regulated entity
and a contact telephone number;
(C) the physical location of the scheduled points at
which emissions from the maintenance, startup, or shutdown activity
occurred;
(D) the type of scheduled maintenance, startup, or
shutdown activity and the reason for the scheduled activity;
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