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

2. Presentation Outline  Emissions Events (EE): How it works.  What the regulated entity does and  What the TCEQ does

3. What You Do  Determine if an EE occurred  Definition  Report/record  Reportable Quantities (RQ)  STEERS

4. The details:  Who  What  When  Where  Why  How

5. 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

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

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

8. Emissions Event  Upset  Unscheduled maintenance, startup, or shutdown  Common cause  Unauthorized emissions

9. Upset  Unplanned  Unavoidable  Breakdown or excursion

10. Excess Opacity Opacity at least 15 additional percentage points above a limit

11. Unplanned Maintenance/Startup/Shutdown  Unauthorized emissions expected to exceed RQ or excess opacity  Non-routine  Unpredictable  Non-permitted

12. Scheduled Maintenance/Startup/Shutdown  Unauthorized emissions or excess opacity  Record or report  Prior notice required if activity is expected to exceed RQ

13. Maintenance/Startup/Shutdown MSSUnplanned Scheduled (101.211) Unscheduled (101.201) PlannedPermitted

14. Report or record?  Reportable Quantity (RQ)  Pounds  Mixtures  Boilers and combustion Turbines Default = 100 lbs. (if not listed)

15. 40 Code of Federal Regulations (CFR) Part 302, Table 302.4, the column "final RQ"

16. 40 CFR Part 355, Appendix A

17. Case Example: NO X  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

18. Ozone Nonattainment and Maintenance Areas

19. NO X  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

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

21. 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

22. Where: TCEQ Regional Office

23. Why?  Texas State Implementation Plan  Required by 30 TAC Chapter 101

24. How?  STEERS  Form/guidance for small businesses

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

27. 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

29. Tip for Those Reporting  Initial report: within 24 hours of your discovery of the event.  Timely report is needed for affirmative defense eligibility

30. 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)

31. 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 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.

32. Total Number of Incidents Reported Statewide under 30 TAC Chapter 101, Subchapter F in FY 15 Emissions Events Scheduled Maintenance Scheduled Shutdown Scheduled Startup Excess Opacity Total 3,776330521342204,512

33. Agency Response to Incidents Reported under 30 TAC Chapter 101, Subchapter F in FY 15 Incident TypeNOV Violations NOVsNOE Violations NOEs Maintenance0000 Scheduled Shutdown3100 Scheduled Startup2100 Emissions Events114858362 Excess Opacity181100 Total137988362

34. 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)

35. 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

36. FAQ Q: Once I report an EE in STEERS, am I done? A: No, other reporting requirements may apply such as the emissions inventory (see § and deviation reporting (see 3. Also, create a final record of the event within two weeks. A: No, other reporting requirements may apply such as the emissions inventory (see 30 TAC §101.10) and deviation reporting (see 30 TAC 122). Also, create a final record of the event within two weeks.

37. FAQ Q: Do I only report unauthorized emissions? A: No, report total emissions. Q: Are the only emission limits that apply to EE NSR lb/hr limits? A: No, emission limits may be in permits, rules, or orders (see definition of unauthorized emissions in ). A: No, emission limits may be in permits, rules, or orders (see definition of unauthorized emissions in 30 TAC §101.1(108) ).

38. FAQ Q: How are non-reportable EE handled during Title V investigations? A: A portion 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.

39. FAQ Q: If an investigator determines an event met the affirmative defense criteria, can a violation be cited? A: Yes. These criteria apply to agency enforcement actions. Violations may be cited for federal rules.

40. FAQ Q: What is the RQ for crude and natural gas? A: For natural gas (excluding carbon dioxide, water, nitrogen, methane, ethane, noble gases, hydrogen, and oxygen) or air emissions from crude oil: 5,000 pounds or 100 pounds of hydrogen sulfide/mercaptans, whichever occurs first.

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