(B) The initial owner of the MERCs is the owner or
operator of the capture and control system.
(5) An application for MERCs must include, but is not
limited to, a form specified by the executive director that is signed
by an authorized account representative, along with the following
information for each pollutant reduced by each applicable mobile source:
(A) the date of the reduction;
(B) a complete description of the generation strategy;
(C) the amount of emission credits generated;
(D) documentation, including records for approved or
approvable methods to quantify emissions, supporting the mobile source
baseline activity, mobile source baseline emission rate, historical
adjusted emissions, SIP emissions, mobile source baseline emissions,
and the mobile source strategy emissions;
(E) a complete description of the protocol used to
calculate the emission reduction generated;
(F) the actual calculations performed by the generator
to determine the amount of emission credits generated; and
(G) a demonstration that the reductions are surplus
to all local, state, and federal rules and to emission modeled in
the SIP.
(6) MERCs will be made enforceable with an Emissions
Banking and Trading Certification Form (Form EBT-CERT), or equivalent
form approved by the executive director, that may contain special
conditions including, but not limited to:
(A) written certification and photographs for mobile
sources that are made permanently inoperable for replacement or shutdown;
(B) where applicable, a certified or duplicate Texas
Nonrepairable Vehicle Title for mobile sources that are made permanently
inoperable for replacement or shutdown;
(C) a bill of sale and bill of lading for mobile sources
that are permanently removed from North America for replacement or
shutdown and any additional information required by the executive
director; and
(D) a new maximum allowable mobile source emission
limit.
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Source Note: The provisions of this §101.304 adopted to be effective January 17, 2003, 28 TexReg 83; amended to be effective December 2, 2004, 29 TexReg 11038; amended to be effective October 12, 2017, 42 TexReg 5441 |