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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 106PERMITS BY RULE
SUBCHAPTER KGENERAL
RULE §106.263Routine Maintenance, Start-up and Shutdown of Facilities, and Temporary Maintenance Facilities

(a) This section authorizes routine maintenance, start-up and shutdown of facilities, and specific temporary maintenance facilities except as specified in subsection (b) of this section.

(b) The following are not authorized under this section:

  (1) construction of any new or modified permanent facility;

  (2) reconstruction under 40 Code of Federal Regulations, Part 60, New Source Performance Standards, Subpart A, §60.15 (relating to Reconstruction);

  (3) physical or operational changes to a facility which increase capacity or production beyond previously existing performance levels or results in the emission of a new air contaminant;

  (4) facilities and sources that are de minimis as allowed in §116.119 of this title (relating to De Minimis Facilities or Sources);

  (5) piping fugitive emissions authorized under a permit or another permit by rule; and

  (6) any emissions associated with operations claimed under the following sections of this chapter:

    (A) §106.231 of this title (relating to Manufacturing, Refinishing, and Restoring Wood Products);

    (B) §106.351 of this title (relating to Salt Water Disposal (Petroleum));

    (C) §106.352 of this title (relating to Oil and Gas Production Facilities);

    (D) §106.353 of this title (relating to Temporary Oil and Gas Facilities);

    (E) §106.355 of this title (relating to Pipeline Metering, Purging, and Maintenance);

    (F) §106.392 of this title (relating to Thermoset Resin Facilities);

    (G) §106.418 of this title (relating to Printing Presses);

    (H) §106.433 of this title (relating to Surface Coat Facility);

    (I) §106.435 of this title (relating to Classic or Antique Automobile Restoration Facility);

    (J) §106.436 of this title (relating to Auto Body Refinishing Facility); and

    (K) §106.512 of this title (relating to Stationary Engines and Turbines).

(c) The following activities and facilities are authorized under this section:

  (1) routine maintenance activities which are those that are planned and predictable and ensure the continuous normal operation of a facility or control device or return a facility or control device to normal operating conditions;

  (2) routine start-ups and shutdowns which are those that are planned and predictable; and

  (3) temporary maintenance facilities which are constructed in conjunction with maintenance activities. Temporary maintenance facilities include only the following:

    (A) facilities used for abrasive blasting, surface preparation, and surface coating on immovable fixed structures;

    (B) facilities used for testing and repair of engines and turbines;

    (C) compressors, pumps, or engines and associated pipes, valves, flanges, and connections, not operating as a replacement for an existing authorized unit;

    (D) flares, vapor combustors, catalytic oxidizers, thermal oxidizers, carbon adsorption units, and other control devices used to control vent gases released during the degassing of immovable, fixed process vessels, storage vessels, and associated piping to atmospheric pressure, plus cleaning apparatus that will have or cause emissions;

    (E) temporary piping required to bypass a unit or pipeline section undergoing maintenance; and

    (F) liquid or gas-fired vaporizers used for the purpose of vaporizing inert gas.

(d) Emissions from routine maintenance (excluding temporary maintenance facilities), start-up, and shutdown are:

  (1) limited to 24-hour emission totals which are less than the reportable quantities defined in §101.1(82) of this title (relating to Definitions) for individual occurrences;

  (2) required to be authorized under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) or comply with §101.7 and §101.11 of this title (relating to Maintenance, Start-up and Shutdown Reporting, Recordkeeping, and Operational Requirements, and Demonstrations) if unable to comply with paragraph (1) of this subsection or subsection (f) of this section; and

  (3) required to comply with subsection (f) of this section.

(e) In addition to the emission limits in subsection (f) of this section, specific temporary maintenance facilities as listed in subsection (c)(3) of this section must meet the following additional requirements:

  (1) flares or vapor combustors must meet the requirements of §106.492(1) and (2)(C) of this title (relating to Flares);

  (2) catalytic oxidizers must meet the requirements of §106.533(5)(C) of this title (relating to Water and Soil Remediation);

  (3) thermal oxidizers must meet the requirements of §106.493(2) and (3) of this title (relating to Direct Flame Incinerators);

  (4) carbon adsorption systems must meet the requirements of §106.533(5)(D) of this title;

  (5) other control devices used to control vents caused by the degassing of process vessels, storage vessels, and associated piping must have an overall vapor collection and destruction or removal efficiency of at least 90%;

  (6) any temporary maintenance facility that cannot meet all applicable limitations of this section must obtain authorization under Chapter 116 of this title; and

  (7) temporary maintenance facilities may not operate at a given location for longer than 180 consecutive days or the completion of a single project unless the facility is registered. If a single project requires more than 180 consecutive days to complete, the facilities must be registered using a PI-7 Form, along with documentation on the project. Registration and supporting documentation shall be submitted upon determining the length of the project will exceed 180 days, but no later than 180 days after the project begins.

(f) All emissions covered by this section are limited to, collectively and cumulatively, less than any applicable emission limit under §106.4(a)(1) - (3) of this title (relating to Requirements for Permitting by Rule) in any rolling 12-month period.

(g) Facility owners or operators must retain records containing sufficient information to demonstrate compliance with this section and must include information listed in paragraphs (1) - (4) of this subsection. Documentation must be separate and distinct from records maintained for any other air authorization. Records must identify the following for all maintenance, start-up, or shutdown activities and temporary maintenance facilities:

  (1) the type and reason for the activity or facility construction;

  (2) the processes and equipment involved;

  (3) the date, time, and duration of the activity or facility operation; and

  (4) the air contaminants and amounts which are emitted as a result of the activity or facility operation.


Source Note: The provisions of this §106.263 adopted to be effective November 1, 2001, 26 TexReg 8518

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