Section 117.4045 - Notification, Recordkeeping, and Reporting Requirements(a) The owner or operator of an affected facility shall submit notification to the executive director, as follows: (1) verbal notification of the date of any continuous emissions monitoring systems (CEMS) or predictive emissions monitoring systems (PEMS) performance evaluation conducted under § 117.4040(b) of this title (relating to Continuous Demonstration of Compliance) at least 15 days prior to such date followed by written notification within 15 days after testing is completed; and(2) verbal notification of the date of any initial demonstration of compliance testing conducted under § 117.4035 of this title (relating to Initial Demonstration of Compliance) at least 15 days prior to such date followed by written notification within 15 days after testing is completed.(b) The owner or operator of an affected facility shall furnish the executive director and any local air pollution control agency having jurisdiction a copy of any CEMS or PEMS performance evaluation conducted under § 117.4040 of this title, or any initial demonstration of compliance testing conducted under § 117.4035 of this title, within 60 days after completion of such evaluation or testing. For purposes of demonstrating compliance with § 117.9500 of this title (relating to Compliance Schedule for Nitric Acid and Adipic Acid Manufacturing Sources), such results must be submitted no later than 30 days before the final compliance date specified in § 117.9500 of this title.(c) The owner or operator of an affected facility shall report in writing to the executive director on a quarterly basis all periods of excess emissions, defined as any 24-hour period that the average nitrogen oxides emissions (arithmetic average of 24 contiguous one-hour periods) exceed the emission specification in § 117.4005 of this title (relating to Emission Specifications) and the monitoring system performance. All reports must be postmarked or received by the 30th day following the end of each calendar quarter. Written reports must include the following information: (1) the magnitude of excess emissions computed in accordance with 40 Code of Federal Regulations §60.13(h), any conversion factors used, the date and time of commencement and completion of each time period of excess emissions, and the process operating time during the reporting period;(2) specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the affected unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted;(3) the date and time identifying each period that the CEMS or PEMS was inoperative, except for zero and span checks and the nature of the system repairs or adjustments;(4) when no excess emissions have occurred or the continuous monitoring system has not been inoperative, repaired, or adjusted, such information must be stated in the report; and(5) if the total duration of excess emissions for the reporting period is less than 1.0% of the total operating time for the reporting period and the CEMS or PEMS downtime for the reporting period is less than 5.0% of the total operating time for the reporting period, only a summary report form (as outlined in the latest edition of the commission's Guidance for Preparation of Summary, Excess Emission, and Continuous Monitoring System Reports) must be submitted, unless otherwise requested by the executive director. If the total duration of excess emissions for the reporting period is greater than or equal to 1.0% of the total operating time for the reporting period or the CEMS or PEMS downtime for the reporting period is greater than or equal to 5.0% of the total operating time for the reporting period, a summary report and an excess emission report must both be submitted.(d) The owner or operator of an affected facility shall maintain written records of all continuous emissions monitoring and performance test results, hours of operation, and daily production rates. Such records must be kept for a period of at least five years and must be made available upon request by authorized representatives of the executive director, the United States Environmental Protection Agency, or local air pollution control agencies having jurisdiction.30 Tex. Admin. Code § 117.4045
The provisions of this §117.4045 adopted to be effective June 14, 2007, 32 TexReg 3206