Emissions Events Cynthia Gandee, Air Program Liaison Office of Compliance and Enforcement Program Support Section Austin Jon Williams, Work Leader Region 6 El Paso

Presentation Outline EE: How it works. What the regulated entity does and What the TCEQ does Cynthia Gandee speaks to (1) Jon Williams addresses (2)

Determine if an emissions event occurred What You Do Determine if an emissions event occurred Definition Report/record Reportable Quantities (RQ) STEERS

The details: Who What When Where Why How

Who Regulated entity: defined in 30 TAC §101.1 Location based Same owner/operator Pipelines are county-based Includes Regulated units Facilities Equipment Structures Sources RE – who does this apply to? §101.1 (86) Regulated entity--All regulated units, facilities, equipment, structures, or sources at one street address or location that are owned or operated by the same person. The term includes any property under common ownership or control identified in a permit or used in conjunction with the regulated activity at the same street address or location. Owners or operators of pipelines, gathering lines, and flowlines under common ownership or control in a particular county may be treated as a single regulated entity for purposes of assessment and regulation of emissions events.

Customer vs. Regulated Entity Customer (CN) Regulated Entity (RN) Location 1 Regulated Entity (RN) Location 2

What must be reported or recorded? Emissions event Upset event Excess Opacity Scheduled MSS Unplanned MSS

Unscheduled maintenance, startup, or shutdown Common cause Emissions Event Upset Unscheduled maintenance, startup, or shutdown Common cause Unauthorized emissions EE – Any upset event or unscheduled maintenance, startup, or shutdown activity, from a common cause that results in unauthorized emissions of air contaminants from one or more emissions points at a regulated entity.)

Breakdown or excursion Upset Unplanned Unavoidable Breakdown or excursion Upset – An unplanned and unavoidable breakdown or excursion of a process or operation that results in unauthorized emissions. A maintenance, startup, or shutdown activity that was reported under §101.211 of this title (relating to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements), but had emissions that exceeded the reported amount by more than a reportable quantity due to an unplanned and unavoidable breakdown or excursion of a process or operation is an upset event.)

Opacity at least 15% or more above a limit Excess Opacity Opacity at least 15% or more above a limit Excess opacity - When an opacity reading is equal to or exceeds 15 additional percentage points above an applicable opacity limit, averaged over a six-minute period. Opacity--The degree to which an emission of air contaminants obstructs the transmission of light expressed as the percentage of light obstructed as measured by an optical instrument or trained observer. Note – the most stringent limit applies.

Unplanned Maintenance/Startup/Shutdown Unauthorized emissions expected to exceed RQ or excess opacity Non-routine Unpredictable Non-permitted Example: radiator hose blowing on a car Unplanned MSS – For activities with unauthorized emissions that are expected to exceed a reportable quantity or with excess opacity, an unplanned maintenance, startup, or shutdown activity is: (A) a startup or shutdown that was not part of normal or routine facility operations, is unpredictable as to timing, and is not the type of event normally authorized by permit; or (B) a maintenance activity that arises from sudden and unforeseeable events beyond the control of the operator that requires the immediate corrective action to minimize or avoid an upset or malfunction.

Scheduled Maintenance/Startup/Shutdown Unauthorized emissions or excess opacity Record or report Prior notice required if activity is expected to exceed RQ Important to provide an accurate estimate. If emissions exceed estimate by more than RQ due to unplanned/unavoidable breakdown – could be upset Example: oil leak leads you to believe it’s time to change the head gasket Sched. MSS – For activities with unauthorized emissions that are expected to exceed a reportable quantity (RQ), a scheduled maintenance, startup, or shutdown activity is an activity that the owner or operator of the regulated entity whether performing or otherwise affected by the activity, provides prior notice and a final report as required by §101.211 of this title (relating to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements); the notice or final report includes the information required in §101.211 of this title; and the actual unauthorized emissions from the activity do not exceed the emissions estimates submitted in the initial notification by more than an RQ. For activities with unauthorized emissions that are not expected to, and do not, exceed an RQ, a scheduled maintenance, startup, or shutdown activity is one that is recorded as required by §101.211 of this title. Expected excess opacity events as described in §101.201(e) of this title (relating to Emissions Event Reporting and Recordkeeping Requirements) resulting from scheduled maintenance, startup, or shutdown activities are those that provide prior notice (if required), and are recorded and reported as required by §101.211 of this title.)

Maintenance/Startup/Shutdown MSS Unplanned (101.211) Scheduled Unscheduled (101.201) Planned Permitted This is a simple diagram to help you visualize how the TCEQ rules and permitting and enforcement programs categorize MSS activities See §101.222(c) for details Planned example – oil change. Should be in permit or permit application at this point

Reportable Quantity (RQ) Report or record? Reportable Quantity (RQ) Pounds Mixtures Boilers and combustion Turbines Default = 100 lbs. (if not listed) Pounds: -40 CFR 302; 40 CFR 355; 30 TAC 101 or Default = 100 Mixture of air contaminants: 1-If proportions known, RQ for each compound applies 2-If proportions unknown for compounds with a named RQ, when the total mixture exceeds RQ for any one compound 3-Named RQs less than 0.02% of mixture and others les than 2% - total mixture RQ is 5,000 lbs. 4-5,000 lbs. for Natural gas (excluding CO2, water, nitrogen, methane, ethane, noble gases, hydrogen, oxygen) –or- crude oil emissions –or- 100 lbs. for associated H2S and mercaptans emissions Boilers/combustion turbines: opacity is the only RQ that applies; 15% above limit, 6-min avg. Fuel = natural gas, coal, lignite, wood, fuel oil w/ HAPs concentration of less than 0.02% by weight ED-approved reading from CEMS

40 Code of Federal Regulations (CFR) Part 302, Table 302 40 Code of Federal Regulations (CFR) Part 302, Table 302.4, the column "final RQ"

40 CFR Part 355, Appendix A

Defined in §101.1 under “oxides of nitrogen” Case Example: NOX Defined in §101.1 under “oxides of nitrogen” Based on a 24-hour period 200 lbs in ozone nonattainment/ maintenance/early action compact areas/Nueces and San Patricio 5,000 elsewhere

Ozone Nonattainment and Maintenance Areas DFW: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, Wise* HGB: Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller BPA: Hardin, Jefferson, Orange Victoria El Paso

NSR Permit limit: 50 lbs/hr Emissions: 250 lbs over 1 hour NOX Location: Houston NSR Permit limit: 50 lbs/hr Emissions: 250 lbs over 1 hour 50 lbs were authorized Total unauthorized: 250-50 = 200 lbs This is a reportable event For an emissions event, determine unauthorized emissions. RQ is a reporting threshold, not an authorization

Tip for those Reporting Know the RQ for compounds at your facility Know the flow, throughput and emission points

When RQ Exceeded Initial Report: within 24 hours of discovery Final Report: within 2 weeks of the end of the event No RQ Exceeded Record: Create final record within 2 weeks of the end of the event §101.201 (a) The following requirements for reportable emissions events apply. (1) As soon as practicable, but not later than 24 hours after the discovery of an emissions event, the owner or operator of a regulated entity shall: (A) determine if the event is a reportable emissions event; and (B) notify the commission office for the region in which the regulated entity is located, and all appropriate local air pollution control agencies with jurisdiction, if the emissions event is reportable.

Where: TCEQ Regional Office

Texas State Implementation Plan Required by 30 TAC Chapter 101 Why? Texas State Implementation Plan Required by 30 TAC Chapter 101 Federally enforceable

How? STEERS Form/guidance for small businesses

Reporting: STEERS STEERS: State of Texas Environmental Electronic Reporting System Emissions Events: use Air Emissions and Maintenance Events (AEME) module in STEERS

Final report requires a completed SPA STEERS Help Reporting: STEERS Set-up: STEERS Participation Agreement (SPA) Initial probationary account. Final report requires a completed SPA STEERS Help 512-239-6925 https://www3.tceq.texas.gov/steers/help/main.html

Tip for Those Reporting Initial report: within 24 hours of your discovery of the event. Timely report is needed for affirmative defense eligibility Many owner/operators report out of abundance of caution when not sure an RQ will be met or exceeded in a 24-hour period.

STEERS Reporting Required Except: Small businesses Less than 100 employees or less than $1 million in gross receipts When STEERS is down at the agency When reported under the Spill Rules (30 TAC Chapter 327) The use of STEERS is encouraged except (obviously) when the program is unavailable. Small business is define in Texas Government Code "Small business" means a legal entity, including a corporation, partnership, or sole proprietorship, that: (A) is formed for the purpose of making a profit; (B) is independently owned and operated; and (C) has fewer than 100 employees or less than $1 million in annual gross receipts.

When faxing an emissions event report: Reporting: STEERS When faxing an emissions event report: Use Form 10360, follow instructions Form can be found at: http://www.tceq.texas.gov/field/cefoumforms.html Recommend downloading and printing the form and instructions – having it available when your computer or internet connection fails.

Total Number of Incidents Reported Statewide under 30 TAC Chapter 101, Subchapter F in FY 14 Emissions Events Scheduled Maintenance Scheduled Shut-down Scheduled Start-up Excess Opacity Total 3,878 508 58 132 411 4,987

Agency Response to Incidents Reported under 30 TAC Chapter 101, Subchapter F in FY 14 Incident Type NOV Violations NOVs NOE Violations NOEs Maintenance 2 1 Scheduled Shutdown Scheduled Startup Emissions Events 189 146 86 44 Excess Opacity 36 30 Total 227 178 89 46

Reporting: Affirmative Defense Reports must be timely The event must not be deemed “excessive” RE must provide information addressing eleven factors listed in 30 TAC §101.222(b) A demonstration by the regulated entity for defense against enforcement Timely = within 24 hours of discovery All reportable emissions events are investigated. The investigator may ask questions regarding affirmative defense claims where it is not clear. 11 factors: timely reporting 2) sudden, unavoidable 3) Activity could not have been foreseen, planned for, avoided by better operation/maintenance 4) Control equipment well maintained, operated 5) Prompt action taken to achieve compliance and make repairs 6) Emissions minimized 7) Monitoring systems kept operational if possible 8) Responding actions documented 9) No pattern 10) % of unit’s unauthorized emissions not unreasonably high 11) Event didn’t cause/contribute to ambient air pollution

Excessive Emissions Events Results in formal enforcement Affirmative defense not available Determination by agency based on Frequency Cause Quantity and impact Duration Percentage of annual operating hours Need for MSS

FAQ Q: Once I report an EE in STEERS, am I done? A: No, don’t forget about other reporting requirements such as the EI and DR. Also, create a final record of the event within two weeks. Q: What types of permit holders must report these emissions? A: This applies to all owners and operators of a regulated entity, not just permit holders. See 30 TAC §101.1(86) for a definition of regulated entity.

FAQ Q: Do I only report unauthorized emissions? A: No, report total emissions. Q: Do any RQs apply to boilers and combustion turbines? A: Yes, the opacity RQ of >15% above limit applies (see definition of RQ in §101.1) Q: Are the only emission limits that apply to EEs are NSR lb/hr limits? A: No, emission limits may be in permits, rules, or orders (see definition of unauthorized emissions in 30 TAC §101.1(108)).

FAQ Q: Is it appropriate for me to subtract from the RQ calculation the standards found in the federal regulations based on the definition of unauthorized emissions? A: The federal regulations do not override any state rules or permits. Review permit authorization to determine the authorized limit, along with any other rules that might apply.  The most stringent limit applies.

FAQ Q: How are non-reportable EE handled during Title V investigations? A: 5% are reviewed against recordkeeping requirements and to ensure the event didn’t exceed an RQ. Q: For pipelines, sites without a permit, or a site authorized by a PBR without an hourly limits required how is RQ calculated? A: All emissions should be considered.

FAQ Q: After I file my report, what happens. A: Jon will tell you.