SECTION 112.247. Reporting Requirements

(a) For a source that is subject to an emissions limit in §112.242 of this title (relating to Control Requirements) and that exceeds an applicable emission limit or fails to meet a required stack parameter, the owner or operator shall submit to the Texas Commission on Environmental Quality (TCEQ) Regional Office for the area where the plant is located a report by March 31 of the year after an exceedance occurs documenting the excess emissions during the preceding calendar year, including at least the following:

(1) the date that each exceedance or failure to meet a required stack parameter occurred;

(2) an explanation of the exceedance or failure to meet a required stack parameter;

(3) a statement of whether the exceedance or failure to meet a required stack parameter was concurrent with an authorized maintenance, startup, or shutdown activity for, or malfunction of, an affected source or control system;

(4) a description of the action taken, if any; and

(5) a written statement, signed by the owner or operator, certifying the accuracy and completeness of the information contained in the report.

(b) The owner or operator shall submit a copy of each performance test report to the TCEQ Regional Office and any local air pollution control agency having jurisdiction for the area where the plant is located within 60 days after completion of the test.

(c) After the effective date of a determination by the Environmental Protection Agency (EPA) that the Hutchinson County sulfur dioxide (SO₂) nonattainment area has failed to attain the 2010 one-hour SO₂ National Ambient Air Quality Standard or failed to meet reasonable further progress (RFP) pursuant to federal Clean Air Act §179(c), 42 United States Code §7509(c), the TCEQ will notify the owner or operator of the failure to attain and that the contingency measures in this subsection are triggered. Once notification is received from the TCEQ, the owner or operator shall perform a full system audit (FSA) of all SO₂ sources subject to §112.240 of this title (relating to Applicability).

(1) Within 90 calendar days after the date of the notification, the owner or operator shall submit the FSA, including recommended provisional SO₂ emission control strategies as necessary, to the executive director of the TCEQ.

(2) As part of the FSA, the owner or operator shall conduct a root cause analysis of the circumstances surrounding the cause of the determination of failure to attain or failure to meet RFP, including a review and consideration of the following:

(A) for all causes of the determination of failure to attain or failure to meet RFP, at a minimum, hourly mass emissions of SO₂ from each SO₂ source subject to this division; and

(B) for a determination of failure to attain based on ambient air monitor data or modeling data, at a minimum, the meteorological conditions recorded at the monitor or other relevant meteorological data, including the frequency distribution of wind direction temporally correlated with SO₂ readings greater than 75 parts per billion at the monitor for which the EPA’s determination of failure to attain was made; and any emissions event that may have occurred. The root cause analysis and associated records used to conduct the audit must consider information on the days that monitored exceedances occurred during the time period that the EPA evaluated in making the failure to attain determination.

Source Note: The provisions of this §112.247 adopted to be effective October 27, 2022, 47 TexReg 6985