| (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
and/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
Review Definitions), or 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);
(2) any account that emits or has the potential to emit
100 tpy or more of any contaminant;
(3) 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 FCAA, §112(a)(1); and
(4) 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), or (3) 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), or (3) 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 Industrial 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
Industrial 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
the TCAA, §382.082 and §382.088. In addition, the TCAA, §361.2225,
provides for criminal penalties for failure to comply with this section.
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