30 Tex. Admin. Code § 101.306 - Emission Credit Use
(a) Uses for
emission credits. Unless precluded by a commission order or a condition or
conditions within an authorization under the same commission account number,
emission credits may be used as the following:
(1) offsets for a new source, as defined in
§
101.1 of this title (relating to
Definitions), or major modification to an existing source;
(2) mitigation offsets for action by federal
agencies under 40 Code of Federal Regulations Part 93, Subpart B, Determining
Conformity of General Federal Actions to State or Federal Implementation
Plans;
(3) an alternative means of
compliance with volatile organic compound and nitrogen oxides reduction
requirements to the extent allowed in Chapters 115 and 117 of this title
(relating to Control of Air Pollution from Volatile Organic Compounds; and
Control of Air Pollution from Nitrogen Compounds);
(4) reductions certified as emission credits
may be used in netting by the original applicant, if not used, sold, reserved
for use, or otherwise relied upon, as provided by Chapter 116, Subchapter B of
this title (relating to New Source Review Permits); or
(5) compliance with other requirements as
allowed in any applicable local, state, and federal requirement.
(b) Credit use calculation.
(1) The number of emission credits needed by
the user for offsets shall be determined as provided by Chapter 116, Subchapter
B of this title.
(2) For emission
credits used in compliance with Chapter 115 or 117 of this title, the number of
emission credits needed should be determined according to the following
equation plus an additional 10% to be retired as an environmental contribution.
(3) For
emission credits used to comply with §§
117.123,
117.320,
117.323,
117.423,
117.1020, or
117.1220 of this title (relating
to Source Cap; and System Cap), the number of emission credits needed for
increasing the 30-day rolling average emission cap or maximum daily cap should
be determined according to the following equation plus an additional 10% to be
retired as an environmental contribution.
(4)
Emission credits used for compliance with any other applicable program should
be determined in accordance with the requirements of that program and must
contain at least 10% extra to be retired as an environmental contribution,
unless otherwise specified by that program.
(c) Notice of intent to use emission credits.
(1) The executive director will not accept an
application to use emission credits before the emission credit is available in
the compliance account for the site where it will be used. If the emission
credit will be used for offsets, the executive director will not accept the
emission credit application before the applicable permit application is
administratively complete.
(A) The user shall
submit a completed application at least 90 days before the start of operation
for an emission credit used as offsets in a permit in accordance with Chapter
116 of this title (relating to Control of Air Pollution by Permits for New
Construction or Modification).
(B)
The user shall submit a completed application at least 90 days before the
planned use of an emission credit for compliance with the requirements of
Chapter 115 or 117 of this title or other programs.
(C) If the executive director approves the
emission credit use, the date the application is submitted will be considered
the date the emission credit is used.
(2) If the executive director denies the
facility or mobile source's use of emission credits, any affected person may
file a motion to overturn within 60 days of the denial. Regardless of the
applicability provisions of §
50.131(c)(5) of
this title (relating to Purpose and Applicability), the requirements of §
50.139 of this title (relating to
Motion to Overturn Executive Director's Decision) shall apply. Only an affected
person may file a motion to overturn.
(d) Inter-pollutant use of emission credits.
With prior approval from the executive director and the United States
Environmental Protection Agency, a nitrogen oxides or volatile organic compound
emissions credit may be used to meet the offset requirements for the other
ozone precursor if photochemical modeling demonstrates that the overall air
quality and the regulatory design value in the nonattainment area of use will
not be adversely affected by the substitution.
Notes
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