| (a) Alternative option. Notwithstanding any requirement
in this subchapter, the owner or operator of Section 185 Accounts
obligated to pay a Failure to Attain Fee may submit a request to the
executive director to partially or completely fulfill the Failure
to Attain Fee obligation with an equivalent alternative obligation
in compliance with the requirements with §101.121 and §101.122
of this title (relating to Equivalent Alternative Obligation and Using
Supplemental Environmental Project to Fulfill an Equivalent Alternative
Obligation, respectively).
(1) A Failure to Attain Fee obligation from volatile
organic compounds (VOC) or nitrogen oxides (NOX )
emissions from Section 185 Accounts not fulfilled under this section
will remain separate and due from each regulated entity.
(2) Fee obligation from VOC and/or NOX emissions not fulfilled under this section
will be calculated by the method described in §101.113 of this
title (relating to Failure to Attain Fee Obligation).
(b) Failure to Attain Obligation. The entire Failure
to Attain Fee obligation is due in accordance with §101.117 of
this title (relating to Compliance Schedule) for all Section 185 Accounts
not meeting the requirements of §101.121 and §101.122 of
this title.
(c) The owner or operator of a Section 185 Account
must inform the executive director if they are selecting an equivalent
alternative obligation using forms approved by the executive director.
The owner or operator of a Section 185 Account must submit a form
selecting their equivalent alternative obligation that lists the tons
of each pollutant or amount of payment that will meet the fee obligation
with the alternative obligation as described in §101.121 and §101.122
of this title.
(d) No later than July 31 in the year following the
rule adoption and annually thereafter:
(1) all equivalent alternatives under §101.121
of this title must be approved, exercised, or otherwise completed;
and
(2) all Supplemental Environmental Projects under §101.122
of this title must be approved and funded.
(e) If the executive director does not receive notification
of a selection of equivalent alternative obligation and the equivalent
alternative obligation is not approved and funded, exercised, or otherwise
completed, the fee payment will be due in full under the provisions
of §101.116 of this title (relating to Failure to Attain Fee
Payment).
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