Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter B - PERMIT REQUIREMENTS › Division 4 - PERMIT CONTENT › Section 122.147 - General Terms and Conditions for Compliance Assurance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) For permits
					 that contain emission units subject to compliance assurance monitoring (CAM),
					 unless otherwise specified in the permit, the following CAM general terms and
					 conditions shall become terms and conditions of the permit.
(1) The permit holder shall install,
					 calibrate, maintain, and operate a monitoring system according to the
					 manufacturer's specifications or other written procedures that provide adequate
					 assurance that the system would reasonably be expected to monitor
					 accurately.
(2) At all times, the
					 permit holder shall properly maintain the monitoring system, including, but not
					 limited to, maintaining parts if necessary, for routine repairs of the
					 monitoring system.
(3) The permit
					 holder shall collect data at all required intervals during emission unit
					 operation, except for, as applicable, monitoring malfunctions, repairs
					 associated with monitoring malfunctions, and required quality assurance or
					 control activities.
(A) Data recorded during
					 monitoring malfunctions, repairs associated with malfunctions, and required
					 quality assurance or control activities shall not be used for purposes of
					 CAM.
(B) The permit holder shall
					 maintain records of the beginning date and time, ending date and time, and
					 cause (including unknown cause, if applicable) for monitoring downtime
					 incidents (other than downtime associated with zero and span or other daily
					 calibration checks, if applicable).
(C) The permit holder shall use all the data
					 collected during all periods other than those identified in subparagraph (A) of
					 this paragraph in assessing the operation of the control device and associated
					 control system.
(D) A monitoring
					 malfunction is any sudden, infrequent, not reasonably preventable failure of
					 the monitoring to provide valid data. Monitoring failures that are caused in
					 part by poor maintenance or careless operation are not malfunctions and shall
					 be considered deviations.
(4) All incidents of monitoring downtime
					 recorded under paragraph (3)(B) of this subsection shall be reported in
					 accordance with §
												122.145
					 of this title (relating to Reporting Terms and Conditions).
(5) The permit holder shall respond to
					 deviations in the following manner.
(A) The
					 permit holder shall restore operation to its normal manner as expeditiously as
					 practicable in accordance with good air pollution control practices for
					 minimizing emissions.
(B) The
					 permit holder shall minimize the period of any startup, shutdown, or
					 malfunction and take any necessary corrective actions to restore normal
					 operation and prevent the likely recurrence of the cause of a deviation (other
					 than those caused by excused startup or shutdown conditions).
(6) The permit holder, if
					 necessary, shall within 30 days of discovery, apply for a permit revision, or
					 submit an application for a new authorization to operate, consistent with the
					 procedures of Subchapter C or F of this chapter (relating to Initial Permit
					 Issuances, Revisions, Reopenings, and Renewals; and General Operating Permits)
					 if:
(A) the permit holder identifies a
					 failure to achieve compliance with an emission limitation or standard, for
					 which the approved monitoring did not indicate a deviation while providing
					 valid data; or
(B) the results of
					 compliance or performance testing document a need to modify the existing CAM
					 requirements.
(7) CAM
					 requirements established under this section are subject to §§
												122.144-
					 122.146
					 of this title (relating to Recordkeeping Terms and Conditions; Reporting Terms
					 and Conditions; and Compliance Certification Terms and Conditions).
(8) The permit holder shall comply with the
					 requirements of a quality improvement plan according to §
												122.606
					 of this title (relating to Compliance Assurance Monitoring Quality Improvement
					 Plans), if required by the executive director.