30 Tex. Admin. Code § 101.354 - Allowance Deductions
(a) The executive
director shall deduct allowances in tenths of a ton from a site's compliance
account in an amount equal to the nitrogen oxides (NOX)
emissions from each affected facility during the previous control period. The
amount of NOX emissions must be quantified using the
monitoring and testing protocols established in §§
117.335,
117.340,
117.1235,
117.1240, and
117.2035 of this title (relating
to Initial Demonstration of Compliance; Continuous Demonstration of Compliance;
and Monitoring and Testing Requirements).
(b) If the monitoring and testing data
required under subsection (a) of this section is missing or unavailable, the
NOX emissions from an affected facility may be
quantified for that period of time using the following methods in the following
order: continuous monitoring data; periodic monitoring data; testing data;
manufacturer's data, and EPA Compilation of Air Pollution Emission
Factors (AP-42), September 2000.
(1)
When quantifying NOX emissions under this subsection,
the owner or operator of the affected facility shall submit the justification
for not using the methods in subsection (a) of this section and the
justification for the method used.
(2) If NOX emissions
are quantified under this subsection due to non-compliance with the monitoring
and testing required under subsection (a) of this section, the executive
director shall deduct allowances from a site's compliance account in an amount
equal to the NOX emissions quantified under this
subsection plus an additional 10%.
(c) If the protocol used to show compliance
with this section differs from the protocol used by the executive director to
establish the allocation of allowances under §
101.353 of this title (relating to
Allocation of Allowances), the executive director may recalculate the number of
allowances allocated per year for consistency between the methods.
(d) When deducting allowances from a site's
compliance account for a control period, the executive director will deduct the
allowances beginning with the most recently allocated allowances before
deducting vintage allowances.
(e)
The executive director shall deduct allowances from a site's compliance account
in an amount equal to the NOX emissions increases from a
facility not subject to an emission specification under §
117.310 or §
117.2010 of this title (relating
to Emission Specifications for Attainment Demonstration; and Emission
Specifications) that result from changes made after December 31, 2000, to a
facility subject to this division and §
117.310(e)(3) or
§
117.2010(f) of
this title. The owner or operator shall submit detailed documentation on these
increases in NOX emissions with the annual compliance
report.
(f) An allowance allocated
based on allowable emissions in accordance with variable (B)(i) in the figure
in §
101.353(a) of
this title may only be used by the facility for which it was allocated and may
not be used by any other facility.
(g) The amount of allowances deducted from a
site's compliance account under subsection (a) of this section will be reduced
by the amount of allowances deducted in accordance with §
101.352(e)(2)(A)
of this title (relating to General Provisions).
(h) If the NOX
emissions from the affected facilities during a control period exceed the
amount of allowances in the site's compliance account on March 1 following that
control period, the executive director will reduce allowances for the next
control period by an amount equal to the emissions exceeding the allowances in
the site's compliance account plus an additional 10%.
(1) If the site's compliance account does not
hold sufficient allowances to accommodate this reduction, the executive
director shall issue a Notice of Deficiency requiring the owner or operator to
obtain sufficient allowances within 30 days of the notice.
(2) These actions do not preclude additional
enforcement action by the executive director.
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.