30 Tex. Admin. Code § 101.396 - Allowance Deductions
(a) The executive
director shall deduct from a site's compliance account an amount of allowances
equal to the total highly reactive volatile organic compounds (HRVOC) emissions
from each affected facility at the site during the previous control period. The
amount of HRVOC emissions must be quantified using the monitoring and testing
protocols established in §
115.725 and §
115.764 of this title (relating to
Monitoring and Testing Requirements), as appropriate.
(b) The amount of HRVOC emissions from an
affected facility must be calculated for each hour of the year and summed to
determine the annual emissions for compliance. For emissions from emissions
events subject to the requirements of §
101.201 of this title (relating to
Emissions Event Reporting and Recordkeeping Requirements) or emissions from
scheduled maintenance, startup, or shutdown activities subject to the
requirements of §
101.211 of this title (relating to
Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping
Requirements), the hourly emissions to be included in the summation may not
exceed the short-term limit of §
115.722(c) or
§
115.761(c) of
this title (relating to Site-wide Cap and Control Requirements; and Site-wide
Cap).
(c) If the monitoring and
testing data required under subsection (a) of this section does not exist or is
unavailable, the owner or operator of the site shall determine the HRVOC
emissions 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 engineering calculations.
(1) When reporting the amount of HRVOC
emissions under this subsection, the owner or operator of the site shall also
submit the justification for not using the methods in subsection (a) of this
section and the justification for the method used.
(2) If 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 equivalent to the HRVOC emissions
quantified under this subsection plus an additional 10%.
(d) When deducting allowances from the
compliance account of a site for a control period, the executive director will
deduct the allowances beginning with the most recently allocated allowances
before deducting vintage allowances.
(e) 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 §
101.393(d)(2)(A)
of this title (relating to General Provisions).
(f) If the total actual HRVOC 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.