Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 106 - PERMITS BY RULE › Subchapter A - GENERAL REQUIREMENTS › Section 106.8 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or operators of facilities and
				  sources that are de minimis as designated in §
										116.119
				  of this title (relating to De Minimis Facilities or Sources) are not subject to
				  this section.
(b) Owners or
				  operators of facilities operating under a permit by rule (PBR) in Subchapter C
				  of this chapter (relating to Domestic and Comfort Heating and Cooling) or under
				  those PBRs that only name the type of facility and impose no other conditions
				  in the PBR itself do not need to comply with specific recordkeeping
				  requirements of subsection (c) of this section. A list of these PBRs will be
				  available through the commission's Austin central office, regional offices, and
				  the commission's website. Upon request from the commission or any air pollution
				  control program having jurisdiction, claimants must provide information that
				  would demonstrate compliance with §
										106.4
				  of this title (relating to Requirements for Permitting by Rule), or the general
				  requirements, if any, in effect at the time of the claim, and the PBR under
				  which the facility is authorized.
(c) Owners or operators of all other
				  facilities authorized to be constructed and operate under a PBR must retain
				  records as follows:
(1) maintain a copy of
				  each PBR and the applicable general conditions of §
											106.4
				  of this title or the general requirements, if any, in effect at the time of the
				  claim under which the facility is operating. The PBR and general requirements
				  claimed should be the version in effect at the time of construction or
				  installation or changes to an existing facility, whichever is most recent. The
				  PBR holder may elect to comply with a more recent version of the applicable PBR
				  and general requirements;
(2)
				  maintain records containing sufficient information to demonstrate compliance
				  with the following:
(A) all applicable
				  general requirements of §
												106.4
				  of this title or the general requirements, if any, in effect at the time of the
				  claim; and
(B) all applicable PBR
				  conditions;
(3) keep all
				  required records at the facility site. If however, the facility normally
				  operates unattended, records must be maintained at an office within Texas
				  having day-to-day operational control of the plant site;
(4) make the records available in a
				  reviewable format at the request of personnel from the commission or any air
				  pollution control program having jurisdiction;
(5) beginning April 1, 2002, keep records to
				  support a compliance demonstration for any consecutive 12-month period. Unless
				  specifically required by a PBR, records regarding the quantity of air
				  contaminants emitted by a facility to demonstrate compliance with §
											106.4
				  of this title prior to April 1, 2002 are not required under this section;
				  and
(6) for facilities located at
				  sites designated as major in accordance with §
											122.10(13)
				  of this title (relating to General Definitions) or subject to or potentially
				  subject to any applicable federal requirement, retain all records demonstrating
				  compliance for at least five years. For facilities located at all other sites,
				  all records demonstrating compliance must be retained for at least two years.
				  These record retention requirements supercede any retention conditions of an
				  individual PBR.