Section 122.146 - Compliance Certification Terms and ConditionsUnless otherwise specified in the permit, the following compliance certification requirements shall become terms and conditions of the permit.
(1) The permit holder shall certify compliance with the terms and conditions of the permit as follows: (A) The permit holder shall certify compliance for at least each 12-month period following initial permit issuance;(B) The permit holder shall certify compliance after the voidance of an issued permit, covering the period from the date of the last certification to the date the permit is voided; and(C) The permit holder shall certify compliance after the effective date of any change of ownership of the permitted emission unit(s). The certification shall cover the period from the date of the last certification to the effective date of the change of ownership.(2) A compliance certification shall be submitted to the executive director and the United States Environmental Protection Agency (EPA) administrator within 30 days of any certification period or event listed under paragraph (1) of this section.(3) The executive director shall make a copy of the compliance certification accessible to the EPA.(4) The certification shall be based on at a minimum, but not limited to, the monitoring method (or recordkeeping method, if appropriate) required by the permit to be used to assess compliance. If necessary, the permit holder shall identify any other material information that must be included in the certification to comply with Federal Clean Air Act, §113(c)(2), which prohibits knowingly making a false certification or omitting material information.(5) Each compliance certification shall include or reference the following information: (A) the identification of each term or condition of the permit for which the permit holder is certifying compliance, the method used for determining the compliance status of each emission unit, and whether such method provides continuous or intermittent data;(B) for emission units addressed in the permit for which no deviations have occurred over the certification period, a statement that the emission units were in continuous compliance over the certification period;(C) for any emission unit addressed in the permit for which one or more deviations occurred over the certification period, the following information indicating the potentially intermittent compliance status of the emission unit: (i) the identification of the emission unit;(ii) the applicable requirement for which a deviation occurred;(iii) the monitoring method (or recordkeeping method, if appropriate) used to assess compliance;(iv) the frequency with which sampling, monitoring, or recordkeeping was required to be conducted by the monitoring or recordkeeping requirement of the permit; and(v) the total number of times that the assessment required by the monitoring or recordkeeping method specified in the permit indicated that a deviation had occurred;(D) the identification of all other terms and conditions of the permit for which compliance was not achieved; and(E) the compliance certification does not need to include any information regarding facilities identified as de minimis under § 116.119 of this title (relating to De Minimis Facilities or Sources) unless the facilities or sources are subject to an applicable requirement.(6) The executive director may request additional information if necessary to determine the compliance status of an emission unit.30 Tex. Admin. Code § 122.146
The provisions of this §122.146 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective June 3, 2001, 26 TexReg 3747; Amended by Texas Register, Volume 43, Number 46, November 16, 2018, TexReg 7553, eff. 11/22/2018