|(a) Applicability. The owner or operator of an account
or source in the State of Texas or on waters that extend 25 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 forms or other
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 or has the potential to
emit 100 tpy or more of any contaminant except for GHGs, individually
or collectively, as listed in §101.1 of this chapter (relating
(4) any account which emits or has the potential to
emit 10 tons of any single or 25 tons of aggregate hazardous air pollutants
as defined in Federal Clean Air Act (FCAA), §112(a)(1); and
(5) 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), or (4) 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 ), lead (Pb), particulate matter of less than
10 microns in diameter (PM10 ), any other
contaminant subject to 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), or
(4) of this section shall submit an AEIU which consists of actual
emissions as identified in subsection (b)(1) of this section 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,
or PM10 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 statement. A certifying statement, required
by the 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 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