30 Tex. Admin. Code § 101.353 - Allocation of Allowances
(a) The
executive director shall deposit allowances into a compliance account according
to the following equation except as provided by subsection (b) or (g) of this
section.
(b) The
owner or operator of the following affected facilities shall acquire allowances
for each control period or the annual allocation from a facility already
participating under this division in accordance with §
101.356 of this title (relating to
Allowance Banking and Trading):
(1) a new or
modified facility for which the owner or operator submitted, under Chapter 116
of this title (relating to Control of Air Pollution by Permits for New
Construction or Modification), an application that the executive director did
not determine to be administratively complete before January 2, 2001;
(2) a new or modified facility that qualified
for a permit by rule under Chapter 106 of this title (relating to Permits by
Rule) for which the owner or operator did not commence construction before
January 2, 2001;
(3) a facility in
operation before January 1, 1997 located at a site defined on or before
December 31, 2000 as a major source, as defined in §
117.10 of this title (relating to
Definitions), for which the owner or operator did not submit the application
form specified by the executive director in accordance with §
101.360(a)(1) of
this title (relating to Level of Activity Certification) by March 30, 2010;
and
(4) an existing facility
located at a site defined before January 1, 2001, as a major source, as defined
in §
117.10 of this title, for which
the owner or operator did not submit the application form specified by the
executive director in accordance with §
101.360(a)(2) of
this title by March 30, 2010.
(c) The executive director will allocate and
deposit allowances into each compliance account by January 1 of each
year.
(d) The executive director
may adjust the deposits for any control period to reflect new or existing state
implementation plan requirements.
(e) The executive director may add or deduct
allowances from compliance accounts based on the review of reports required
under §
101.359 of this title (relating to
Reporting).
(f) The owner or
operator of a facility may, due to extenuating circumstances, request a
baseline period more representative of normal operation as determined by the
executive director. Applications for extenuating circumstances must be
submitted by the owner or operator of the facility to the executive director:
(1) no later than 90 days after completion of
the baseline period to request up to two additional calendar years to establish
a baseline period for a facility whose baseline as described by variable (B)(i)
listed in the figure in subsection (a) of this section is not complete by June
30, 2001; or
(2) at any time as
authorized by the executive director.
(g) An allowance calculated under subsection
(a) of this section will continue to be based on historical level of activity,
despite subsequent reductions in the level of activity. If an allowance is
being allocated based on allowables and the facility does not achieve two
complete consecutive calendar years of actual level of activity data, then the
allowance will not continue to be allocated if the facility ceases operation or
is not built.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.