Tex. Health & Safety Code Section 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 (Permit for Certain Oil and Gas Facilities)(a). The adoption or amendment of a permit under this subsection must comply with Section 382.051961 (Permit for Certain Oil and Gas Facilities)(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 (Permit for Certain Oil and Gas Facilities)(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.

Source: Section 382.051962 — Authorization for Planned Maintenance, Start-up, or Shutdown Activities Relating to Certain Oil and Gas Facilities, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­382.­htm#382.­051962 (accessed Jun. 5, 2024).

382.001
Short Title 382.002
Policy and Purpose 382.003
Definitions 382.004
Construction While Permit Amendment Application Pending 382.005
Exclusive Jurisdiction to Regulate Greenhouse Gas Emissions and Express Preemption of Local Regulations 382.011
General Powers and Duties 382.012
State Air Control Plan 382.013
Air Quality Control Regions 382.014
Emission Inventory 382.015
Power to Enter Property 382.016
Monitoring Requirements 382.017
Rules 382.018
Outdoor Burning of Waste and Combustible Material 382.019
Methods Used to Control and Reduce Emissions from Land Vehicles 382.020
Control of Emissions from Facilities that Handle Certain Agricultural Products 382.021
Sampling Methods and Procedures 382.022
Investigations 382.023
Orders 382.024
Factors in Issuing Orders and Determinations 382.025
Orders Relating to Controlling Air Pollution 382.026
Orders Issued Under Emergencies 382.027
Prohibition on Commission Action Relating to Air Conditions Existing Solely in Commercial and Industrial Facilities 382.028
Variances 382.029
Hearing Powers 382.030
Delegation of Hearing Powers 382.031
Notice of Hearings 382.032
Appeal of Commission Action 382.033
Contracts 382.034
Research and Investigations 382.035
Memorandum of Understanding 382.036
Cooperation and Assistance 382.037
Notice in Texas Register Regarding National Ambient Air Quality Standards for Ozone 382.040
Documents 382.041
Confidential Information 382.051
Permitting Authority of Commission 382.053
Prohibition on Issuance of Construction Permit for Lead Smelting Plant at Certain Locations 382.054
Federal Operating Permit 382.055
Review and Renewal of Preconstruction Permit 382.056
Notice of Intent to Obtain Permit or Permit Review 382.057
Exemption 382.058
Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption 382.059
Hearing and Decision on Permit Amendment Application of Certain Electric Generating Facilities 382.061
Delegation of Powers and Duties 382.062
Application, Permit, and Inspection Fees 382.063
Issuance of Emergency Order Because of Catastrophe 382.064
Initial Application Date 382.065
Certain Locations for Operating Concrete Crushing Facility Prohibited 382.066
Shipyard Facilities 382.068
Poultry Facility Odor 382.069
Texas Backup Power Package 382.085
Unauthorized Emissions Prohibited 382.111
Inspections 382.112
Recommendations to Commission 382.113
Authority of Municipalities 382.115
Cooperative Agreements 382.0145
Clean Fuel Incentive Surcharge 382.0161
Air Pollutant Watch List 382.0171
Alternative Fuels and Select-use Technologies 382.0172
International Border Areas 382.0173
Adoption of Rules Regarding Certain State Implementation Plan Requirements and Standards of Performance for Certain Sources 382.0175
Amount of Foreign Emissions in Nonattainment Areas 382.0191
Idling of Motor Vehicle 382.0195
Commercial Infectious Waste Incinerators 382.0201
Prohibition on Commission Rule Relating to Emissions from Certain Hospital or Medical Disinfectants 382.201
Definitions 382.202
Vehicle Emissions Inspection and Maintenance Program 382.203
Vehicles Subject to Program 382.204
Remote Sensing Program Component 382.0205
Special Problems Related to Air Contaminant Emissions 382.205
Inspection Equipment and Procedures 382.206
Collection of Data 382.207
Inspection Stations 382.208
Attainment Program 382.209
Low-income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program 382.210
Implementation Guidelines and Requirements 382.211
Local Advisory Panel 382.212
Emissions Reduction Credit 382.213
Disposition of Retired Vehicle 382.214
Sale of Vehicle with Intent to Defraud 382.0215
Assessment of Emissions Due to Emissions Events 382.215
Sale of Vehicle Not Required 382.0216
Regulation of Emissions Events 382.216
Incentives for Voluntary Participation in Vehicle Emissions Inspection and Maintenance Program 382.218
Required Participation by Certain Counties 382.219
Purchase of Replacement Vehicle 382.220
Use of Funding for Local Initiative Projects 382.0275
Commission Action Relating to Residential Water Heaters 382.0291
Public Hearing Procedures 382.301
Definitions 382.302
Inspection and Maintenance Program 382.0335
Air Control Account 382.401
Alternative Leak Detection Technology 382.451
Development of Federal Greenhouse Gas Reporting Rule 382.452
Voluntary Actions Inventory 382.501
Definitions 382.502
Rules 382.503
Study 382.504
Contract for Necessary Infrastructure and Operation 382.505
Acceptance of Carbon Dioxide for Storage 382.506
Measuring, Monitoring, and Verification 382.507
Ownership of Carbon Dioxide 382.508
Liability 382.509
Rates for Transportation 382.510
Annual Report 382.0511
Permit Consolidation and Amendment 382.0512
Modification of Existing Facility 382.0513
Permit Conditions 382.0514
Sampling, Monitoring, and Certification 382.0515
Application for Permit 382.0516
Notice to State Senator, State Representative, and Certain Local Officials 382.0517
Determination of Administrative Completion of Application 382.0518
Preconstruction Permit 382.0519
Voluntary Emissions Reduction Permit 382.0541
Administration and Enforcement of Federal Operating Permit 382.0542
Issuance of Federal Operating Permit 382.0543
Review and Renewal of Federal Operating Permit 382.551
Substitutes for Hydrofluorocarbon Refrigerants Applicable to Commercial or Residential Buildings or Construction 382.0561
Federal Operating Permit: Hearing 382.0562
Notice of Decision 382.0563
Public Petition to the Administrator 382.0564
Notification to Other Governmental Entities 382.0565
Clean Coal Project Permitting Procedure 382.0566
Advanced Clean Energy Project Permitting Procedure 382.0567
Proof that Technology Is Commercially Feasible Not Required 382.0591
Denial of Application for Permit 382.0621
Operating Permit Fee 382.0622
Clean Air Act Fees 382.05101
De Minimis Air Contaminants 382.05102
Permitting Authority of Commission 382.05155
Expedited Processing of Application 382.05181
Permit Required 382.05182
Notice of Shutdown 382.05183
Existing Facility Permit 382.05184
Small Business Stationary Source Permit 382.05185
Electric Generating Facility Permit 382.05186
Pipeline Facilities Permits 382.05191
Emissions Reduction Permits: Notice and Hearing 382.05192
Review and Renewal of Emissions Reduction and Multiple Plant Permits 382.05193
Emissions Permits Through Emissions Reduction 382.05194
Multiple Plant Permit 382.05195
Standard Permit 382.05196
Permits by Rule 382.05197
Multiple Plant Permit: Notice and Hearing 382.05198
Standard Permit for Certain Concrete Plants 382.05199
Standard Permit for Certain Concrete Batch Plants: Notice and Hearing 382.051865
Stationary Natural Gas Engines Used in Combined Heating and Power System 382.051866
Emissions Reductions Incentives Account 382.051961
Permit for Certain Oil and Gas Facilities 382.051962
Authorization for Planned Maintenance, Start-up, or Shutdown Activities Relating to Certain Oil and Gas Facilities 382.051963
Amendment of Certain Permits 382.051964
Aggregation of Facilities 382.051985
Standard Permit for Certain Temporary Concrete Plants for Public Works
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 382.051962’s source at texas​.gov