The commission may adopt or amend permits to authorize certain planned maintenance, start-up, or shutdown activities at specified facilities, and an unauthorized emission or opacity event may qualify for an affirmative defense if the listed conditions are met.
Sec. 382.051962. AUTHORIZATION FOR PLANNED MAINTENANCE, START-UP, OR SHUTDOWN ACTIVITIES RELATING TO CERTAIN OIL AND GAS FACILITIES. (a) In this section, "planned maintenance, start-up, or shutdown activity" means an activity with emissions or opacity that: (1) is not expressly authorized by commission permit, rule, or order and involves the maintenance, start-up, or shutdown of a facility; (2) is part of normal or routine facility operations; (3) is predictable as to timing; and (4) involves the type of emissions normally authorized by permit. (b) The commission may adopt one or more permits by rule or one or more standard permits and may amend one or more existing permits by rule or standard permits to authorize planned maintenance, start-up, or shutdown activities for facilities described by Section 382.051961(a). The adoption or amendment of a permit under this subsection must comply with Section 382.051961(b). (c) An unauthorized emission or opacity event from a planned maintenance, start-up, or shutdown activity is subject to an affirmative defense as established by commission rules as those rules exist on the effective date of this section if: (1) the emission or opacity event occurs at a facility described by Section 382.051961(a); (2) an application or registration to authorize the planned maintenance, start-up, or shutdown activities of the facility is submitted to the commission on or before the earlier of: (A) January 5, 2014; or (B) the 120th day after the effective date of a new or amended permit adopted by the commission under Subsection (b); and (3) the affirmative defense criteria in the rules are met. (d) The affirmative defense described by Subsection (c) is not available for a facility on or after the date that an application or registration to authorize the planned maintenance, start-up, or shutdown activities of the facility is approved, denied, or voided. Added by Acts 2011, 82nd Leg., R.S., Ch. 1080 (S.B. 1134), Sec. 1, eff. June 17, 2011.